Young v. Herring’s Empirical Analysis
917 F.2d 858 · 1990
Citation profile
14 federal appellate ·
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Chapman v. State of California · Simmons v. United States · Neil v. Biggers · Wainwright v. Sykes · Teague v. Lane
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“While the “law of the case” doctrine is not an inexorable command, a decision of a legal issue or issues by an appellate court established] the law of the case and must be followed in all subsequent proceedings in the same case in the trial court or on a later appeal in the appellate court, unless the evidence on a subsequent trial was substantially different, controlling authority has since made a contrary decision of the law applicable to such issues, or the decision was clearly erroneous and would work a manifest injustice.”
1 later decision quote this exact passage · from the majority“The rule announced and applied by the Supreme Court in Harris v. Reed is a quasi-jurisdictional rule regarding the scope and limitations of the independent and adequate state grounds doctrine of abstention. It is not a rule of criminal procedure. Teague therefore has no bearing on this case. In fact, the Teague court itself considered the Harris v. Reed requirement applicable in the Teague case.”
1 later decision quote this exact passage · from the majoritye.g. Smith v. Dixon“The Mississippi Supreme Court conceded in its opinion that Young was asserting before it the due process issue of an unduly suggestive pretrial photo identification. But the Court did not consider this issue, asserting failure to object on that basis. The Court interpreted Young’s objection to be that a valid courtroom identification could not be based upon a pretrial photo identification.”
1 later decision quote this exact passage · from the majoritye.g. Young v. Herring
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.