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← 116 F.3d 364 - McDowell v. Calderon

McDowell v. Calderon’s Empirical Analysis

116 F.3d 364 · 1997

Citation profile

13
cited by 13 later decisions
February 2008
most recently cited

8 federal appellate ·

Relationships

Relies on Gregg v. Georgia · Teague v. Lane · Estelle v. McGuire · Furman v. Georgia · Lockett v. Ohio

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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Direction. We have an 11 to 1 vote for death. The one juror empathically [sic] feels her mitigating circumstances are equal to the aggravating circumstances. The other 11 jurors do not all agree with the one juror[’]s mitigating circumstances as all being either testimony or evidence that should be considered. Please advise which following circumstances can be considered mitigating circumstances. 1. Inadequate or insufficient psychiatric help. 2. Love/hate relationship with father/mother. 3. Daily extreme mental and physical abuse by father, also witness to daily abuse to mother and siblings. 4. Religious extremes confused defendant. 5. Confusing sexual mores at home (incest), with mother condoning or aware of incest/abuse. 6. Accused of death of favorite sister. 7. Stress of divorce from family. 8. Rejection of mother’s love during teen years. Thank you.”
    1 later decision quote this exact passage · from the concurrence

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.