Foley v. Com.’s Empirical Analysis
1997
Citation profile
5 federal appellate · 28 state decisions
How this case has been cited
Cited by 33 later decisions — most recently February 2018 · most notably Mills v. Commonwealth (1999), Soto v. Commonwealth (2004)
5 federal appellate · 28 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
Relies on Rakas v. Illinois · United States v. Young · Lockett v. Ohio · Wainwright v. Witt · 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Assuming that the error ... occurred, we begin by inquiring: (1) whether there is a reasonable justification or explanation for defense counsel’s failure to object, e.g., whether the failure might have been a legitimate trial tactic; and (2) if there is no reasonable explanation, whether the unpreserved error was prejudicial, i.e., whether the circumstances in totality are persuasive that, minus the error, the defendant may not have been found guilty of a capital crime, or the death penalty may not have been imposed. 2”
1 later decision quote this exact passage“[w]hether a juror should be excused for cause is a matter within the sound discretion of the trial court.”
1 later decision quote this exact passage“The fact that a prospective juror may have some knowledge of a case does not establish objective bias.”
1 later decision quote this exact passage
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.