Branion v. Gramly’s Empirical Analysis
855 F.2d 1256 · 1988
Citation profile
40 federal appellate · 1 state decisions
How this case has been cited
Cited by 68 later decisions — most recently May 2018 · most notably McNabola v. Chicago Transit Authority (1993), United States v. Vega (1988)
40 federal appellate · 1 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.
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Anderson v. Liberty Lobby, Inc. · Jackson v. Virginia · Wainwright v. Sykes · Griffin v. California · Murray v. Carrier
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 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Disbelief is not evidence of the opposite of the thing discredited”
2 later decisions quote this exact passage · from the majority“Statistical methods, properly employed, have substantial value.... Take fingerprints[,] ... [pjroof based on genetic markers ... [and] evidence that ... the defendant’s hair matched hair found at the scene of the crime. None of these techniques leads to inaccurate verdicts or calls into question the ability of the jury to make an independent decision. Nothing about the nature of litigation in general, or the criminal process in particular, makes anathema of additional information, whether or not that knowledge has numbers attached. After all, even eyewitnesses are testifying only to probabilities (though they obscure the methods by which they generate those probabilities) — often rather lower probabilities than statistical work insists on.” (citations omitted)), ce rt. denied, 490 U.S. 1008 , 109 S.Ct. 1645 , 104 L.Ed.2d 160 (1989); see generally D.H. Kaye, The Admissibility of “Probability Evidence”
1 later decision quote this exact passage · from the majority“The only appropriate inquiry for this court under Jackson is whether, assuming the jury resolved all disputes in the state’s favor and drew all inferences from that evidence, it would have been rational to convict. Not whether we would convict, but whether thoughtful people would convict.”
1 later decision quote this exact passage · from the majority
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.