Spears v. Stewart’s Empirical Analysis
267 F.3d 1026 · 2001
Citation profile
4 federal appellate ·
Relationships
Applies 22 U.S.C. § 2261 · 28 U.S.C. § 2244 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2261 (§ 107 of the Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2262 (§ 107 of the Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2263 (§ 107 of the Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2265 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2266 (§ 107 of the Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Negron v. United States · El Paso Natural Gas Co. v. Neztsosie · Mohamed v. United States · Calderon v. Ashmus · Ekundayo v. Brenham State School
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a. General. To be eligible for appointment in a capital case, an attorney (1) Shall have been a member in good standing of the State Bar of Arizona for at least five years immediately preceding the appointment; (2) Shall have practiced in the area of state criminal litigation for three years immediately preceding the appointment; and (3) Shall have demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases. c. Appellate and Post-Conviction Counsel. To be eligible for appointment as appellate or post-conviction counsel, an attorney must meet the qualifications set forth in section (a) of this rule and the following: (1) Within three years immediately preceding the appointment have been lead counsel in an appeal or post-conviction proceeding in a case in which a death sentence was imposed, as well as prior experience as lead counsel in the appeal of at least three felony convictions and at least one post-conviction proceeding that resulted in an evidentia-ry hearing. Alternatively, an attorney must have been lead counsel in the appeal of at least six felony convictions, at least two of which were appeals from first or second degree murder convictions, and lead counsel in at least two post-conviction proceedings that resulted in evidentiary hearings. (2) Have attended and successfully completed, within one year of appointment, at least twelve hours of relevant training or educational programs in the area of ca”
1 later decision quote this exact passage · from the majoritye.g. Spears v. Stewart“When a person is charged with a capital offense the court ... shall upon application of the defendant and a showing that the defendant is financially unable to pay for such services, appoint such investigators and expert witnesses as are reasonably necessary adequately to present his defense at trial and at any subsequent proceeding. Compensation for such investigators and expert witnesses shall be such amount as the court in its discretion deems reasonable and shall be paid by the county.”
1 later decision quote this exact passage · from the majoritye.g. Spears v. Stewart“The clerk of the Supreme Court shall issue the mandate in capital cases when the time for filing a petition for a writ of certiorari in the United States Supreme Court from the decision affirming the defendant’s conviction and sentence on direct appeal has expired, or, in a case in which a petition for writ of certiorari has actually been filed, when the clerk of the Supreme Court is notified by the United States Supreme Court that the petition has been denied.”
1 later decision quote this exact passage · from the majoritye.g. Spears v. Stewart
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.