Barraza v. Dretke, Dir., Texas Dep't of Crim. Just., Corr. Institutions Div., 542 U.S. 947 (2004). · Go Syfert
Barraza v. Dretke, Dir., Texas Dep't of Crim. Just., Corr. Institutions Div., 542 U.S. 947 (2004). Cases Citing This Book View Copy Cite
208 citation events (208 in the last 25 years) across 37 distinct courts.
Strongest positive: Gary Wygant v. Bill Lee, Governor (tenn, 2025-12-10) · Strongest negative: Raleigh Wake Citizens Ass'n v. Wake County Board of Elections (nced, 2016-02-26)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
examined Cited "but see" Raleigh Wake Citizens Ass'n v. Wake County Board of Elections (4×) also: Cited "see"
E.D.N.C. · 2016 · signal: but see · confidence high
But see Larios v. Cox, 300 F.Supp.2d 1320, 1339-53 (N.D.Ga.) (three-judge court) (per curiam) (invalidating reapportionment plan with 9.98% maximum population deviation), summarily aff’d, 542 U.S. 947 , 124 S.Ct. 2806 , 159 L.Ed.2d 831 (2004). 2.
cited Cited as authority (rule) Gary Wygant v. Bill Lee, Governor
Tenn. · 2025 · confidence medium
Cox v. Larios, 542 U.S. 947, 949 (2004).
cited Cited as authority (rule) Chaldean Coalition v. County of San Diego Independent Redistricting etc. CA4/1
Cal. Ct. App. · 2025 · confidence medium
(See Cox v. Larios, supra, 542 U.S. at p. 947 [“The judgment is affirmed.”].) Accordingly, we reject this argument because it is too conclusory and underdeveloped to demonstrate error.
discussed Cited as authority (rule) Perez v. Abbott
W.D. Tex. · 2017 · confidence medium
Stevens characterized the appeal as an “invit[ation] ... to weaken the one-person, one-vote standard by creating a safe harbor for population deviations of less than 10 percent, within which districting decisions could be made for any reason whatsoever.” Id. at 949, 124 S.Ct. 2806 .
examined Cited as authority (rule) Whitford v. Gill (3×) also: Cited "see"
W.D. Wis. · 2016 · confidence medium
The Supreme Court summarily affirmed the three-judge district court’s decision finding an Equal Protection violation. 542 U.S. at 947-50, 124 S.Ct. 2806 .
discussed Cited as authority (rule) Calla Wright v. State of North Carolina
4th Cir. · 2015 · confidence medium
After our recent decision in Vieth v. Jubelirer, 541 U.S. 267 , 124 S. Ct. 1769 , 158 L.Ed.2d 546 (2004), the equal-population principle remains the only clear limitation on improper districting practices, and we must be careful not to dilute its strength. 542 U.S. at 949-50 (emphasis added).
examined Cited as authority (rule) League of United Latin American Citizens v. Perry (6×) also: Cited "see", Cited "see, e.g."
SCOTUS · 2006 · confidence medium
See 542 U. S. 947 ; id., at 951 (Scalia, J., dissenting).
examined Cited "see" Harris v. Arizona Independent Redistricting Commission (3×)
D. Ariz. · 2014 · signal: see · confidence high
See Cox v. Larios, 542 U.S. 947 , 124 S.Ct. 2806 , 159 L.Ed.2d 831 (2004) (summarily affirming the invalidation of a plan with a 9.98 percent maximum population deviation).
discussed Cited "see" Loggins v. Cline (2×)
D. Kan. · 2008 · signal: see · confidence high
See Cox v. Larios, 542 U.S. 947, 951 , 124 S.Ct. 2806 , 159 L.Ed.2d 831 (Scalia, J., dissenting); Kan.
discussed Cited "see" Lionel Gustafson v. The Honorable Adrian Johns (2×)
11th Cir. · 2007 · signal: see · confidence high
See Cox v. Larios, 542 U.S. 947 , 124 S.Ct. 2806 , 159 L.Ed.2d 831 (2004).
discussed Cited "see" United States v. Rojas Tapia
1st Cir. · 2006 · signal: see · confidence high
The report further notes that Rojas-Tapia’s “understanding of the legal process should not be assumed,” then recommends that Rojas-Tapia be permitted “regularly” to consult with his attorney at trial, and be required “to restate information in his own words to ensure an adequate level of understanding.” The waiver inquiry ultimately turns not upon any one factor, but upon all the attendant circumstances, see Arizona v. Fulminante, 499 U.S. 279, 285 , 111 S.Ct. 1246 , 113 L.Ed.2d 302 (1991), including “both the characteristics of the accused and the details of the interrogation,…
examined Cited "see" Moore v. Itawamba County MS (4×)
5th Cir. · 2005 · signal: see · confidence high
See Cox v. Larios, 542 U.S. 947 , 124 S.Ct. 2806, 2809 , 159 L.Ed.2d 831 (2004) (SCALIA, J., dissenting). 2 .
cited Cited "see, e.g." In re: River Valley S.D. ~ Appeal of: B. Caranese
Pa. Commw. Ct. · 2024 · signal: compare · confidence low
Compare Cox v. Larios, 542 U.S. 947 . . . (2004), summarily aff[’]g 300 F. Supp. 2d 1320, 1325-34 (N.D.
discussed Cited "see, e.g." In re Petition to Realign Regional Election Districts in Pennsbury School District (2×)
Pa. Commw. Ct. · 2013 · signal: compare · confidence low
Compare Cox v. Larios, 542 U.S. 947 , 124 S.Ct. 2806 , 159 L.Ed.2d 831 (2004), summarily affirming 300 F.Supp.2d 1320, 1325-34 (N.D.Ga.2004) (state legislative reapportionment plan with 9.98% maximum deviation violat ed Equal Protection Clause where there was evidence that plan systematically maximized population deviations by overpopulating certain types of districts and under-populating others through oddly shaped districts) with Reapportionment of Township of Haverford, 873 A.2d at 825-27, 833-36 (local reapportionment plan with' 9.52% maximum deviation was constitutional under Equal Protec…
discussed Cited "see, e.g." Department of Justice Views on the Proposed Constitution Drafted by the Fifth Constitutional Convention of the U.S. Virgin Islands
OLC · 2010 · signal: see also · confidence medium
Districting plans with such deviations may not be “automatically immune from constitutional attack,” but they are at least “presumptively constitutional, and the burden lies on the plaintiffs to rebut that presump- 7 Article V, § 2(b) refers to a plan for “reappointment” rather than “reapportionment.” We assume this is a typographical error. 93 34 Op. O.L.C. 73 (2010) tion.” Larios v. Cox, 300 F. Supp. 2d at 1340–41; see also Cox v. Larios, 542 U.S. at 949 (Stevens, J., concurring) (describing Court’s summary affirmance as “properly reject[ing]” the defendants’ “in…
discussed Cited "see, e.g." Department of Justice Views on the Proposed Constitution Drafted by the Fifth Constitutional Convention of the United States Virgin Islands
OLC · 2010 · signal: see also · confidence medium
Districting plans with such deviations may not be “automatically immune from constitutional attack,” but they are at least “presumptively constitutional, and the burden lies on the plaintiffs to rebut that presumption.” Larios v. Cox, 300 F. Supp. 2d at 1340-41 ; see also Cox v. Larios, 542 U.S. at 949 (Stevens, J., concurring) (describing Court’s summary affirmance as “properly reject[ing]” the defendants’ “invitation” to “creat[e] a safe harbor for population deviations of less than 10 percent”).
Retrieving the full opinion text from the archive…
Barraza
v.
Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division
03A1058 (03-11049).
Supreme Court of the United States.
Jun 29, 2004.
542 U.S. 947
Published

Ct. Crim. App. Tex. Application for stay of execution of sentence of death, presented to Justice & alia, and by him referred to the Court, granted pending the disposition of the petition for writ of certiorari. Should the petition for writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for writ of certiorari is granted, the stay shall terminate upon the issuance of the mandate of this Court.