Lowery v. Collins’s Empirical Analysis
996 F.2d 770 · 1993
Citation profile
16 federal appellate · 11 state decisions
How this case has been cited
Cited by 37 later decisions — most recently September 2016 · most notably Gochicoa v. Johnson (2000), Cupit v. Whitley (1994)
16 federal appellate · 11 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 Chapman v. State of California · Kotteakos v. United States · Brecht v. Abrahamson · Midlantic National Bank v. New Jersey Department of Environmental Protection · Public Service Commission v. Chesapeake & Potomac Telephone Co.
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Justice Stevens, in his concurring opinion in Brecht, wrote to explicate the Kotteakos standard and to “emphasize that the standard is appropriately demanding.” Under Kotteakos, “the burden of sustaining a verdict by demonstrating that the error was harmless rests on the prosecution” unless that “error is merely ‘technical’ ” — which a constitutional violation could never be.”
1 later decision quote this exact passage · from the majoritye.g. Jordan v. Hargett“When a federal judge in a habeas proceeding is in grave doubt about whether a trial error of federal law had 'substantial and injurious effect or influence in determining jury's verdict,' that error is not harmless. And, petitioner must win.”
1 later decision quote this exact passage · from the majoritye.g. Gochicoa v. Johnson“'trial type error' will serve as a basis for habeas relief only if it 'had a substantial and injurious effect or influence in determining the jury's verdict.'”
1 later decision quote this exact passage · from the majoritye.g. Billiot v. Puckett
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.