Rogers v. Carver’s Empirical Analysis
833 F.2d 379 · 1987
Citation profile
7 federal appellate · 2 district ·
How this case has been cited
Cited by 15 later decisions — most recently December 2002
7 federal appellate · 2 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 In the Matter of Samuel Winship · Wainwright v. Sykes · Murray v. Carrier · United States v. Frady · Sandstrom v. Montana
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“even if we might view certain parts of the instructions with askance [sic] were we sitting on direct review in a federal criminal case, the standard is quite different in reviewing a state proceeding pursuant to our habeas jurisdiction. The degree of prejudice required here is “not merely whether ‘the instruction is undesirable, erroneous, or even universally condemned.’ ” Henderson v. Kibbe, 431 U.S. 145, 154 [ 97 S.Ct. 1730, 1737 , 52 L.Ed.2d 203 ] (1977) (quoting Cupp v. Naughten, supra, 414 U.S. at 146 [ 94 S.Ct. at 400 ]).”
1 later decision quote this exact passage · from the majoritye.g. Smith v. Butler“understated and tended to trivialize the awesome duty of the jury to determine whether the defendant's guilt was proved beyond a reasonable doubt”
1 later decision quote this exact passage · from the majoritye.g. Gilday v. Callahan
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.