Ex Parte Gardner’s Empirical Analysis
1998
Citation profile
9 federal appellate · 12 state decisions
How this case has been cited
Cited by 43 later decisions — most recently April 2023 · most notably Busby v. Dretke (2004), Gonzalez v. State (2000)
9 federal appellate · 12 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 Brecht v. Abrahamson · Estelle v. Smith · Felker v. Turpin · In re Disbarment of Sacco · Gardner v. Texas
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Is the testimony of a psychiatrist or psychologist concerning the demeanor or lack of remorse of a juvenile during a pre-transfer diagnostic study inadmissible at punishment unless the juvenile was warned prior to the diagnostic study that his statements could be used against him at trial?””
2 later decisions quote this exact passage · from the concurrence“he waited nine years after Estelle v. Smith was decided before first asserting an Estelle v. Smith claim in his second writ application in June 1990. He made no attempt to raise the claim while his direct appeal was pending in this Court even though Estelle had been decided for six years when this Court finally disposed of applicant's direct appeal. Applicant also failed to raise the claim in April 1989 when he filed his first writ application. And, after this Court disposed of applicant's second writ application in March 1992, applicant waited over two years to reassert the claim in this writ application. Under these circumstances, we hold applicant waived any right he may have had to complain in this proceeding about an Estelle v. Smith violation at his 1981 trial.”
1 later decision quote this exact passagee.g. Ex Parte Townsend“anything he might say could be used against him . . . at some later date in the courtroom.”
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.