Johnston v. Makowski’s Empirical Analysis
823 F.2d 387 · 1987
Citation profile
25 federal appellate ·
How this case has been cited
Cited by 31 later decisions — most recently September 2024 · most notably Smith v. Ingersoll-Rand Co. (2000), United States v. Rowley (1992)
25 federal appellate ·
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 United States v. Wade · Simmons v. United States · Manson v. Brathwaite · Sumner v. Mata · Kuhlmann v. Wilson
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“slightest possibility that harm could have resulted”
2 later decisions quote this exact passage · from the majority“When the constitutionality of a photo array is challenged, the due process clause requires a two-pronged inquiry: first, the court must determine whether the photo array was impermissibly suggestive, and if it is found to be so, then the court must decide whether the identifications were nevertheless reliable in view of the totality of the circumstances.”
1 later decision quote this exact passage · from the majoritye.g. Champ v. Zavaras
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.