Brogdon v. Butler’s Empirical Analysis
824 F.2d 338 · 1987
Citation profile
13 federal appellate · 4 state decisions
How this case has been cited
Cited by 33 later decisions (1 by the Supreme Court) — most recently February 2002 · most notably Penry v. Lynaugh (1989), State v. Herring (2002)
13 federal appellate · 4 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
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Brady v. State of Maryland · Lockett v. Ohio · Zant v. Stephens · Skipper v. South Carolina · Hitchcock v. Dugger
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) whether the movant has made a showing of likelihood of success on the merits, (2) whether the movant has made a showing of irreparable injury if the stay is not granted, (3) whether the granting of the stay would substantially harm the other parties, and (4) whether the granting of the stay would serve the public interest.”
3 later decisions quote this exact passage · from the majority“'the movant need not always show a probability of success on the merits, he must present a substantial case on the merits when a serious legal question is involved and show that the balance of the equities [i.e. the other three factors] weighs heavily in the favor of granting the stay.'”
2 later decisions quote this exact passage · from the majority“this Court would be blind if it did not see that counsel for defendant deliberately withheld their challenges ... until the very last possible (date) ...”
2 later decisions quote this exact passage · from the majoritye.g. Bridge v. Lynaugh · Bell v. Lynaugh
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.