Nieto v. Sullivan’s Empirical Analysis
879 F.2d 743 · 1989
Citation profile
32 federal appellate · 5 district · 30 state decisions
How this case has been cited
Cited by 83 later decisions — most recently April 2025 · most notably State v. Drummond (2006), Ernest Sutton Bell v. Mack Jarvis Robert Smith (2000)
32 federal appellate · 5 district · 30 state decisions — followed in 18 states
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 Wainwright v. Sykes · Teague v. Lane · United States v. Young · Donnelly v. DeChristoforo · Darden v. Wainwright
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 83 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he presumption of openness may be overcome only by an overriding interest based on findings that closure is essential to preserve higher values and is narrowly tailored to serve that interest. The interest is to be articulated along with findings specific enough that a reviewing court can determine whether the closure order was properly entered.”
1 later decision quote this exact passage · from the concurrence“[T]he Ninth and Eleventh Circuits have applied a less stringent test of a 'substantial reason' where partial closures are held necessary. We are persuaded that we should apply the less stringent 'substantial reason' test....”
1 later decision quote this exact passage · from the concurrencee.g. State v. Ndina“We are persuaded that once a violation is found of a defendant's right to a public trial, the defendant should not be required to prove prejudice....”
1 later decision quote this exact passage · from the concurrencee.g. Davis v. Reynolds
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.