Maxwell v. Bishop’s Empirical Analysis
1966
Citation profile
4 federal appellate · 3 state decisions
Relationships
Applies 28 U.S.C. § 2244 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Jackson v. Denno · Malloy v. Hogan · Pate v. Robinson · Sanders v. United States · Giaccio v. State of Pennsylvania
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““* * * Whether ’a convicted rapist or murderer is to suffer death, on the one hand, or life imprisonment, on the other, rests under Arkansas procedure, within the discretion of the jury, to be exercised in the light of the judgment, common sense, and experience of the ’jurors. Jurors are presumed to be persons of good judgment and common sense.””
1 later decision quote this exact passagee.g. Swain v. State““ * * * If a State can constitutionally impose the death penalty for a crime,, this Court sees no constitutional, objection to permitting a jury rather than a: trial judge to decide whether that penalty shall be imposed in a particular- case..””
1 later decision quote this exact passagee.g. Swain v. State
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.