McBee v. Grant’s Empirical Analysis
763 F.2d 811 · 1985
Citation profile
50 federal appellate · 4 state decisions
How this case has been cited
Cited by 77 later decisions — most recently March 2015 · most notably Duckett v. Godinez (1995), United States v. Mentz (1988)
50 federal appellate · 4 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 In the Matter of Samuel Winship · Wainwright v. Sykes · United States v. Frady · Sandstrom v. Montana · Picard v. Connor
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 77 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[u]nless they amount to constitutional-violations, prejudicial comments and conduct by a judge in a criminal trial are not proper subjects for collateral attack on a conviction.” Brinlee v. Crisp, 608 F.2d 839, 853 (10th Cir.1979), cert. denied, 444 U.S. 1047 , 100 S.Ct. 737 , 62 L.Ed.2d 733 (1980). In collateral proceedings, the test is whether the errors alleged ... could have rendered [the] trial fundamentally unfair.” Buckelew v. United States, 575 F.2d 515, 518 (5th Cir.1978). To violate a defendant’s right to a fair trial, “a trial judge’s intervention in the conduct of a criminal trial would have to reach a significant extent and be adverse to the defendant to a substantial degree.” Daye v. Attorney General of New York, 712 F.2d 1566, 1572 (2d Cir.1983), cert. denied, 464 U.S. 1048 , 104 S.Ct. 723 , 79 L.Ed.2d 184 (1984).”
2 later decisions quote this exact passage · from the majority“The record reflects that the trial judge also gave to the jury an unobjected to instruction similar to that condemned by our Supreme Court in People v. Wright, 408 Mich. 1 ; 289 N.W.2d 1 (1980). However, we do not find that that instruction has amounted to reversible error in this case because defendant did not object to the instruction and because the judge appended to it a caution to the jury that the law does not presume a person intends the natural and ordinary consequences of a voluntary action if “the facts and circumstances of the killing or the evidence create a reasonable doubt whether the killing was done without deliberation, premeditation, malice or intent to kill.””
1 later decision quote this exact passage · from the majoritye.g. McBee v. Abramajtys“we held that even where the state court's ruling 'strains the language,' of its contemporaneous objection rule, 'we are bound by the state court's interpretation of its procedural rule. I 11 McBee V. Grant, 763 F.2d 811, 815 (6th Cir. 1983). In McBee, we stated that”
1 later decision quote this exact passage · from the majority
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.