Prather v. Rees’s Empirical Analysis
822 F.2d 1418 · 1987
Citation profile
34 federal appellate · 1 district ·
How this case has been cited
Cited by 62 later decisions — most recently August 2012 · most notably White v. Mitchell (2005), Bagby v. Sowders (1990)
34 federal appellate · 1 district ·
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 · Engle v. Isaac · Starnes v. Penrod Drilling Co. · Sloan v. Hicks · Johnson v. Righetti
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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As a matter of Kentucky law, a defendant is entitled to a lesser-included offense instruction only if the evidence would permit a jury to reasonably find the defendant guilty of the lesser-included offense but acquit him of the greater offense. This meets the ‘warranting’ requirement under Hopper. Thus, if a reasonable jury, on the evidence presented, could have convicted Prather of attempted second-degree (unarmed) robbery and acquitted him of the attempted first-degree (armed) robbery charge, then Prather’s constitutional rights were violated when the trial court refused to give the lesser-included offense instruction and the habeas writ should issue.”
2 later decisions quote this exact passage · from the majoritye.g. Bagby v. Sowders · Bagby v. Sowders“Efficiency includes bringing criminal litigation to a final conclusion. To return this case to the district court for a hearing on exhaustion, possible state post-conviction remedies and perhaps another habeas corpus proceeding, would greatly and wastefully expend judicial resources.”
2 later decisions quote this exact passage · from the majoritye.g. Cain v. Redman · Lyons v. Stovall“Although the parties did not provide the court with copies of the state court briefs, this court may supplement the record when necessary.”
1 later decision quote this exact passage · from the majoritye.g. Thompson v. Bell
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.