McVeigh v. Smith’s Empirical Analysis
872 F.2d 725 · 1989
Citation profile
8 federal appellate · 2 district · 7 state decisions
How this case has been cited
Cited by 23 later decisions — most recently September 2025
8 federal appellate · 2 district · 7 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. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Miranda v. State of Arizona Vignera · Schmerber v. State of California · Preiser v. Rodriguez · Carafas v. J · Jones v. Cunningham
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“`Petitioner's argument that the Sixth Amendment right to counsel attaches prior to taking an alcohol breath test was rejected by the Supreme Court on appeal in Nyflot. See Nyflot, 474 U.S. at 1029 , 106 S.Ct. at 587 [ 88 L.Ed.2d at 569 ]. Nyflot therefore controls our holding that petitioner was not denied her Sixth Amendment right to counsel in the instant case.' McVeigh v. Smith (C.A.6, 1989), 872 F.2d 725 , 727-728 . See, also, Roberts v. Maine (C.A.1, 1995), 48 F.3d 1287 , 1290-1291”
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.