Rose v. Duckworth’s Empirical Analysis
769 F.2d 402 · 1985
Citation profile
12 federal appellate ·
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Donnelly v. DeChristoforo · Sumner v. Mata · United States v. Hasting · Oregon v. Kennedy · Finch 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'so infected the trial with unfairness as to make the resulting conviction a denial of due process.”
2 later decisions quote this exact passage · from the dissent“1. Were the comments or the actions of the prosecutor intended to reflect unfairly on the defendant’s guilt or innocence or were they so prejudicial or inflammatory that they would “naturally and necessarily” imply that the defendant was guilty of the crime charged; 2. Were the remarks or actions isolated or extensive; 3. Was the evidence of guilt otherwise overwhelming; and 4. What curative instructions were given, and when?”
1 later decision quote this exact passage · from the dissent“A determination of intention is a finding of fact that requires making inferences from objective facts and circumstances.”
1 later decision quote this exact passage · from the dissent
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.