Phelps v. Duckworth’s Empirical Analysis
757 F.2d 811 · 1985
Citation profile
8 federal appellate · 3 state decisions
How this case has been cited
Cited by 22 later decisions — most recently February 2002
8 federal appellate · 3 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 Miranda v. State of Arizona Vignera · Chapman v. State of California · Stovall v. Denno · Berger v. United States · Doyle v. Ohio
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“At trial, the arresting officer testified that he “read [Mr. Phelps] his rights” following the arrest. The state argues that this testimony does not conclusively show that the petitioner was read his Miranda warnings as opposed to some other warnings. The state does not speculate as to what other rights Mr. Phelps reasonably might have been read immediately following his arrest. The district court found that the record revealed that Mr. Phelps was read his Miranda warnings following arrest. We will not set aside a district court’s factual finding unless it is clearly erroneous. In reviewing the lower court finding, we may infer reasonable conclusions drawn from the record as a whole. We fully agree with the district court that Mr. Phelps was given his Miranda warnings by the arresting officer. To hold otherwise, in light of the arresting officer’s own testimony, would contradict reason and common sense. The present case is plainly distinguishable from Fletcher [v. Weir, 455 U.S. 603, 605 , 102 S.Ct. 1309 , 71 L.Ed.2d 490 (1982)], where there was no evidence in the record that the defendant had been read his rights, Miranda or otherwise. There is nothing in the present record which suggests that the rights read to Mr. Phelps by the arresting officer were not Miranda rights. 3”
2 later decisions quote this exact passage · from the dissent“wouldn't ask anybody to send anyone to prison for life unless [he] thought it was richly deserved, and unless [he] thought it was necessary for this community.”
1 later decision quote this exact passage · from the dissent“the denial of defendant's right to silence by the questions asked by the prosecutor in his cross-examination of the petitioner * * *.”
1 later decision quote this exact passage · from the majoritye.g. Phelps v. Duckworth
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.