Harris v. Reed’s Empirical Analysis
822 F.2d 684 · 1987
Citation profile
8 federal appellate · 2 state decisions
How this case has been cited
Cited by 16 later decisions (1 by the Supreme Court) — most recently May 2000
8 federal appellate · 2 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.
Appellate journey
Relationships
Relies on Wainwright v. Sykes · United States Spurlark v. Wolff · 79 Ill. App. 3d 33 - People v. Edmonds · United States ex rel. Williams v. Franzen · Phillips v. Lane
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“I write separately only to indicate my view that the ineffective assistance of counsel claim should not be treated as waived. As the majority notes, the Illinois Appellate Court made no express determination that the claim had been waived. The Illinois court considered the claim on its merits. Rather than attempting to define the unspoken “intent” of that court, I think we should invoke a presumption that waiver not clearly found has been condoned. Waiver, particularly of an ineffective assistance claim on direct appeal, is an essentially technical ground for avoiding very diffi cult, very important and very close issues on the merits. Certainly it is within the state courts’ power to protect their procedural requirements merely by making express findings that a petitioner has waived. Judge Getzendanner struggled with the important and difficult issues here and, after a hearing lasting three days, denied the petition. Although the matter is very close, I would support her determination and thereby reach the same result as the majority but by a different route.”
2 later decisions quote this exact passage · from the concurrencee.g. Amin v. State · Harris v. Reed“a state court relies upon both waiver and rejection of claim on the merits--a federal court will respect the alternate [finding that the claim was waived] and will be precluded from reaching the merits of the claim.”
1 later decision quote this exact passagee.g. Johnson v. Miller“neither an explicit finding of waiver nor an expression of an intention to ignore waiver,”
1 later decision quote this exact passagee.g. Harris v. Reed
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.