Heiser v. Ryan’s Empirical Analysis
951 F.2d 559 · 1991
Citation profile
9 federal appellate · 1 district ·
How this case has been cited
Cited by 24 later decisions — most recently September 2017
9 federal appellate · 1 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 Boykin v. Alabama · Barker v. Wingo · Townsend v. Sain · Brady v. United States · McCarthy v. United States
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Finally, the district court here ... must decide "whether a new trial should be held or whether due to the passage of time the charges must be dismissed.” Normally, the remedy for a due process violation is not discharge. Instead, "a court faced with a violation should attempt to counteract any resulting prejudice demonstrated by the petitioner.” Nevertheless, discharge is appropriate where “attempting an alternate remedy would not vitiate the prejudice of the fundamental unfairness or would itself violate a petitioner’s constitutional rights.” Hence, in considering whether to grant the writ and discharge the defendant, the district court must also consider that "if retrial is ordered after substantial delay on appeal, Barker applies directly in determining whether the speedy trial clause should bar retrial.””
1 later decision quote this exact passage · from the majoritye.g. Heiser v. Ryan“Heiser has suffered an extraordinary delay, and the reasons given by the Pennsylvania courts are simply no excuse. Moreover, as the Commonwealth admits in its brief at page 16, “the record does show that Heiser has asserted his rights almost continuously since 1980.” It is difficult to see how the Commonwealth can countervail against the first three Barker factors.”
1 later decision quote this exact passage · from the majoritye.g. Heiser v. Ryan“determine [1] whether Heiser’s trial counsel made the alleged threat to withdraw and, if so, whether the threat was coercive under the totality of the circumstances surrounding the trial and Heiser’s decision to plead guilty and [2] whether Heiser has demonstrated any other “fair and just” reason to permit him to withdraw his guilty plea.”
1 later decision quote this exact passage · from the majoritye.g. Heiser v. Ryan
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.