Young v. Bowersox’s Empirical Analysis
161 F.3d 1153 · 1998
Citation profile
5 federal appellate · 4 state decisions
How this case has been cited
Cited by 18 later decisions — most recently June 2021
5 federal appellate · 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
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Batson v. Kentucky · Swain v. State of Alabama · Jurek v. Texas · United States v. Hernandez
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) measuring the type of prejudice that arose from the argument; (2) examining what defense counsel did in counsel's argument to minimize the prejudice; (3) reviewing jury instructions to see if the jury was properly instructed; and (4) determining if there is a reasonable probability that the outcome of the sentencing phase would have been different, taking into account all of the aggravating circumstances.”
1 later decision quote this exact passage · from the majority“[t]here was overwhelming evidence from which the jury could have found the presence of this aggravating circumstance aside from the prosecutor's personal opinion that it was as cold as anything he had ever seen.”
1 later decision quote this exact passage · from the majority“It invited the jury to rely on the prosecutor's personal opinion about the relative coldness of this crime and compared the circumstances of this crime to others crimes that were not in the record.”
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.