Emery v. Johnson’s Empirical Analysis
139 F.3d 191 · 1997
Citation profile
34 federal appellate · 1 district · 4 state decisions
How this case has been cited
Cited by 86 later decisions — most recently August 2022 · most notably Barrientes v. Johnson (2000), Fisher v. Texas (1999)
34 federal appellate · 1 district · 4 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 Strickland v. Washington · Coleman v. Thompson · Estelle v. McGuire · Lindh v. Murphy · McCleskey v. Zant
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 86 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[Y]our answers to the Special Issues, which determine the punishment to be assessed the defendant by the court, should be reflective of your finding as to the personal moral culpability of the defendant in this case. When you deliberate about the questions posed in the Special Issues, you are to consider any mitigating circumstances supported by the evidence presented in both phases of the trial. A mitigating circumstance may be any aspect of the defendant’s background, character, and record, or circumstances of the crime, which you believe makes a sentence of death inappropriate in this case. If you find that there are any mitigating circumstances, you must decide how much weight they deserve and give them effect when you answer the special issues. If you determine, in consideration of this evidence, that a life sentence, rather than a death sentence, is an appropriate response to the personal moral culpability of the defendant, you are instructed to answer the Special Issue under consideration “No.””
1 later decision quote this exact passage · from the majoritye.g. Ogan v. Cockrell“This rule does not apply if the petitioner failed to exhaust state remedies and the court to which the petitioner would be required to present his claims in order to meet the exhaustion requirement would now find the claims procedurally barred. In such a case there is a procedural default for purposes of federal habeas regardless of the decision of the last state court to which the petitioner actually presented his claims.”
1 later decision quote this exact passage · from the majority“[t]his instruction allowed the jury to consider any appropriate mitigating circumstance, ... and required the jury not to sentence [the petitioner] to death if a life sentence was appropriate in light of his moral culpability. The instruction adequately addressed the Court’s concerns about Texas’s death penalty scheme by giving the jury the ability to consider any appropriate mitigating circumstance.”
1 later decision quote this exact passage · from the majoritye.g. Ogan v. Cockrell
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.