Davis v. Alaska
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Lower courts among the citing opinions reported that intervening Supreme Court treatment but could not themselves limit Davis; the entry is therefore anchored on Van Arsdall's own opinion. The remaining reviewed citations applied Davis's protection for bias-oriented cross-examination, used distinctions within Davis's own terms, or placed unrelated treatment language nearby.
5,926 later cases cite Davis v. Alaska; 154 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Davis v. Alaska?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Limited
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The Court confined Davis's no-prejudice language to its facts and rejected reading Davis as requiring automatic reversal for the confrontation error.
Delaware v. Van Arsdall · Supreme Court of the United States · filed
Read properly, however, Davis does not support an automatic reversal rule, and the above-quoted language merely reflects the view that on the facts of that case the trial court’s error had done “serious damage” to the petitioner’s defense.
Read the full opinion on CourtListener →
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