Davis v. Greer’s Empirical Analysis
13 F.3d 1134 · 1994
Citation profile
18 federal appellate · 1 state decisions
How this case has been cited
Cited by 26 later decisions — most recently January 2024 · most notably Kirksey v. State (1996), United States v. Johnson (2000)
18 federal appellate · 1 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
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Miranda v. State of Arizona Vignera · Batson v. Kentucky · Johnson v. Zerbst · Kotteakos v. United States
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]e consider Davis’ assertion that prosecutors in other murder cases did not seek the death penalty and that doing so in this case (and not others) is arbitrary and capricious. Again, McCleskey [v. Kemp, 481 U.S. 279, 306-07 , 107 S.Ct. 1756, 1774-75 , 95 L.Ed.2d 262 (1987) ] is dispositive. The Court considered the same argument there and concluded that the defendant could not prove a constitutional violation by demonstrating that other defendants who might have been similarly situated did not receive the death penalty.”
1 later decision quote this exact passage · from the majority“A conviction is final for these purposes when a defendant has exhausted his state appellate remedies and either the United States Supreme Court has denied the defendant's petition for certiorari or the time for filing the petition has expired.”
1 later decision quote this exact passage · from the majority“Where a defendant, fully informed of the reasonable options before him, agrees to follow a particular strategy at trial, that strategy cannot later form the basis of a claim of ineffective assistance of counsel.”
1 later decision quote this exact passage · from the majority
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.