Spivey v. Head’s Empirical Analysis

Citation profile

12 federal appellate · 2 district · 2 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In a State in which parole is available, how the jury’s knowledge of parole availability will affect the decision whether or not to impose the death pen alty is speculative, and we shall not lightly second-guess a decision whether or not to inform a jury of information regarding parole. States reasonably may conclude that truthful information regarding the availability of commutation, pardon, and the like should be kept from the jury in order to provide ‘greater protection in [the States’] criminal justice system than the Federal Constitution requires.’”

   1 later decision quote this exact passage · from the majority
   e.g. 103 F. Supp. 2d 1350 - Jenkins v. Byrd

2. “(1) that the [G]overnment possessed evidence favorable to the defense, (2) that the defendant did not possess the evidence and could not obtain it with any reasonable diligence, (3) that the prosecution suppressed the evidence, and (4) that a reasonable probability exists that the outcome of the proceeding would have been different had the evidence been disclosed to the defense.”

   1 later decision quote this exact passage · from the majority
   e.g. Moon v. Head

3. “The assessments of jurors' states of mind are based upon determinations of demeanor and credibility that are peculiarly within a trial judge's province and are therefore entitled to deference on habeas review.”

   1 later decision quote this exact passage
   e.g. United States of America v. Bountaem Chanthadara