Phelps v. Duckworth’s Empirical Analysis
772 F.2d 1410 · 1985
Citation profile
49 federal appellate · 1 district · 7 state decisions
How this case has been cited
Cited by 67 later decisions — most recently July 2020 · most notably United States v. Casamento (1989), United States v. Solivan (1991)
49 federal appellate · 1 district · 7 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. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 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 · Kotteakos v. United States · Griffin v. California · 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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“1. the intensity and frequency of the reference, 2. who elected to pursue the line of questioning, 3. the use to which the prosecution puts the silence, 4. the availability to the trial judge of an opportunity to grant a motion for a mistrial or to give curative instructions, 5. the quantum of other evidence indicative of guilt.”
2 later decisions quote this exact passage“Certainly there is a fine line between impeachment by showing a curious incompleteness in a suspect's story and impeachment from silence.”
2 later decisions quote this exact passage · from the concurrence“[b]efore trial ... he denied he had been sexually involved with Mrs. Clem, whereas at the trial he told a completely different story that he ... had sexual intercourse with her”
1 later decision quote this exact passage
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.