Smith v. Swarthout’s Empirical Analysis
742 F.3d 885 · 2014
Citation profile
1 federal appellate ·
Relationships
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Brecht v. Abrahamson · Arizona v. Fulminante · Bose Corp. v. Consumers Union of United States, Inc. · Patton v. Yount · McDonough Power Equipment, Inc. v. Greenwood
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Although McDonough was a federal civil case, a state court decision failing to apply this same rule in a criminal prosecution would represent an unreasonable application of clearly established federal law within the meaning of 28 U.S.C. § 2254 (d)(1).”
1 later decision quote this exact passage · from the majoritye.g. Scott v. Arnold
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.