Lincoln v. Sunn’s Empirical Analysis
807 F.2d 805 · 1987
Citation profile
134 federal appellate · 4 district · 7 state decisions
How this case has been cited
Cited by 207 later decisions — most recently March 2023 · most notably United States v. Espinosa (1987), Tinsley v. Borg (1990)
134 federal appellate · 4 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 18 U.S.C. § 111 · 18 U.S.C. § 3500 · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Townsend v. Sain · Griffin v. California · Chambers v. Mississippi · United States v. Young · Irvin v. Dowd
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 207 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[C]omment is impermissible if it is manifestly intended to call attention to the defendant's failure to testify, or is of such a character that the jury would naturally and necessarily take it to be a comment on the failure to testify.”
15 later decisions quote this exact passage · from the majority“where such comment is extensive, where an inference of guilt from silence is stressed to the jury as a basis for the conviction, and where there is evidence that could have supported acquittal.”
15 later decisions quote this exact passage · from the majority“courts will not reverse when the prosecutorial comment is a single, isolated incident, does not stress an inference of guilt from silence as a basis of conviction, and is followed by curative instructions.”
12 later decisions 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.