Madden v. Collins’s Empirical Analysis

Citation profile

38 federal appellate · 1 state decisions

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

1. “(1) Do you find from the evidence beyond a reasonable doubt that the conduct of the defendant that caused the death of the deceased was committed deliberately and with the reasonable expectation that the death of the deceased or another would result? (2) Do you find from the evidence beyond a reasonable doubt that there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society? In Penry, decided before Davis’ conviction”

   2 later decisions quote this exact passage · from the majority
   e.g. Blue v. Cockrell · Davis v. Scott

2. “The first inquiry in a Penry claim is whether the mitigating evidence is relevant. Phrased differently, does the evidence implicate the basic concern of Penry “that defendants who commit criminal acts that are attributable to a disadvantaged background, or to emotional and mental problems, may be less culpable than defendants who have no such excuse.””

   2 later decisions quote this exact passage · from the majority
   e.g. Tennard v. Cockrell · Davis v. Scott

3. “(1) the constitutional relevance of the mitigating evidence offered at trial, and (2) whether the relevant mitigating evidence was beyond the effective reach of the jury.”

   2 later decisions quote this exact passage · from the majority
   e.g. 49 F. Supp. 2d 963 - Etheridge v. Johnson · Nelson v. Quarterman