Weaver v. McKaskle’s Empirical Analysis
733 F.2d 1103 · 1984
Citation profile
2 federal appellate · 1 state decisions
How this case has been cited
Cited by 13 later decisions — most recently February 2000
2 federal appellate · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on In the Matter of Samuel Winship · Wainwright v. Sykes · Fay v. Noia · Engle v. Isaac · Pate v. Robinson
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'he did not know what precisely was the error in his prior conviction.' " Id. at 1105. We reasoned that under Engle v. Isaac, the proper inquiry focussed on the "availability of a basis for a constitutional claim, regardless of the defendant or his counsel's unawareness of such a claim.”
1 later decision quote this exact passage · from the majoritye.g. Smith v. Collins“a bona fide doubt existed as to whether Weaver had been competent to stand trial in 1960, and no hearing had been held to determine his competency.”
1 later decision quote this exact passage · from the majoritye.g. Smith v. Collins“Texas recognizes an exception to the contemporaneous objection rule when the prior conviction used for enhancement is based on a void indictment,”
1 later decision quote this exact passage · from the majoritye.g. Hogue v. Johnson
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.