Finney v. Rothgerber’s Empirical Analysis
751 F.2d 858 · 1985
Citation profile
20 federal appellate · 13 state decisions
How this case has been cited
Cited by 43 later decisions (2 by the Supreme Court) — most recently September 2016 · most notably 234 Ill. 2d 173 - People v. Glasper (2009), 134 S. Ct. 1697 - White v. Woodall (2014)
20 federal appellate · 13 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
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Chapman v. State of California · Sumner v. Mata · United States v. Hasting · Estelle v. Smith · Stack v. Boyle
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The due process clause requires a trial court, if requested, to instruct the jury during the enhancement portion of a bifurcated trial of one charged as a persistent felony offender that no adverse inference may be drawn from defendant’s failure to testify. This requirement applies regardless of whether the defendant has testified during the trial of the underlying substantive offense.”
1 later decision quote this exact passage · from the majoritye.g. State v. Munn“[i]t is wholly incredible to suggest that petitioner, who was at liberty on bail, had attended the opening session of his trial, and had a duty to be present at the trial . . . entertained any doubts about his right to be present at every stage of his trial.”
1 later decision quote this exact passage · from the majority“operates as a waiver of his right to be present and leaves the court free to proceed with the trial in like manner and with like effect as if he were present.”
1 later decision quote this exact passagee.g. Hill 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.