Walker v. Al Lockhart’s Empirical Analysis
763 F.2d 942 · 1985
Citation profile
21 federal appellate · 6 district · 5 state decisions
How this case has been cited
Cited by 46 later decisions — most recently May 2018 · most notably Moldowan v. City of Warren (2009), Demers v. State (1988)
21 federal appellate · 6 district · 5 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 Strickland v. Washington · Brady v. State of Maryland · Anderson v. City of Bessemer City · United States v. Agurs · Townsend v. Sain
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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It may be that Kumpe’s diary and his statements to Davidson and others, as hearsay, would not be admissible as substantive evidence at a new trial. Nevertheless, such evidence could at least come before the jury for purposes of impeachment. It is reasonable to assume that if the State retries Walker, Kumpe would again be called as a witness, and that he would- be available to testify.... On cross-examination, the defense could ask Kumpe whether he fired a gun that night. If Kumpe’s answer is no, he could then be asked about the diary entry, and about other newly discovered evidence indicating that he fired a weapon that night. If Kumpe admits the diary entry and other statements now attributed to him, then, as Judge Arnold explained in voting to recall the mandate, the fact of these prior inconsistent statements would then be before the jury, together with whatever explanation Kumpe might wish to offer. If, on the other hand, he denies making the alleged prior inconsistent statements, extrinsic evidence of these statements, including the diary itself and the testimony of Kumpe’s former wife, could be offered for impeachment purposes. See Jones, Case Note, Roberts v. State: A Limitation on the Impeachment of Witnesses by Extrinsic Evidence of Prior Inconsistent Statements, 37 Ark. L.Rev. 688 (1984). In either event, the jury would know about the diary entry and the alleged oral admissions. It would have an opportunity to observe Kumpe in person and to assess his credibility in”
1 later decision quote this exact passage · from the majority“Certainly, justice to the petitioner is crucial in our system. But he is not the only party to the case. The State also has a right to fairness, and we have to consider as well the effect on the administration of justice as a whole of a decision to grant [a] successive application.”
1 later decision quote this exact passage · from the dissente.g. Reynolds v. Lockhart“made a move to shoot him down, because he [the judge] didn't want him brought back to him because he intended to burn the S.O.B. anyway.”
1 later decision quote this exact passage · from the majoritye.g. Williams v. Stewart
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.