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← 15 F.3d 155 - Macomber v. Hannigan

Macomber v. Hannigan’s Empirical Analysis

15 F.3d 155 · 1994

Citation profile

13
cited by 13 later decisions
4
states following
March 2010
most recently cited

6 federal appellate · 4 state decisions

How this case has been cited

Cited by 13 later decisions — most recently March 2010

6 federal appellate · 4 state decisions

70199420002010decided

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 North Carolina v. Pearce · Alabama v. Smith · Doerr v. Doerr · Colten v. Commonwealth of Kentucky · Boatmen's National Bank of St. Louis v. Carver

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. “the Pearce presumption does not apply where the second sentence is imposed by a different sentencer and the record provides affirmative assurance that the harsher sentence reflects simply a fresh look at the facts and an independent exercise of discretion”
    2 later decisions quote this exact passage · from the majority
  2. “when a different judge imposes a more severe sentence than the sentence imposed in the initial trial and the judge provides an `on-the-record, wholly logical, nonvindictive reason for the [harsher] sentence,' the Pearce presumption of vindictiveness does not apply”
    1 later decision quote this exact passage · from the majority
  3. “when second sentencing judge provides an on the record, wholly logical, non-vindictive reason for the sentence, the requirements of Pearce are met, particularly since trial judges must be accorded broad discretion in sentencing”
    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.