Lackey v. Scott’s Empirical Analysis

Citation profile

29 federal appellate · 3 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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[V]oluntary intoxication is not the kind of “uniquely severe permanent handicap[ ] with which the defendant was burdened through no fault of his own” that requires a special instruction to ensure that, the mitigating effect of such evidence finds expression in the jury’s sentencing decision.”

   6 later decisions quote this exact passage · from the majority
   e.g. Harris v. Cockrell · Robertson v. Cockrell

2. “unless there is a reasonable likelihood that the jury applied the challenged instruction in a way that prevents the consideration of constitutionally relevant mitigating evidence.”

   3 later decisions quote this exact passage · from the majority
   e.g. 980 F. Supp. 201 - Lockett v. Puckett · Tucker v. Johnson

3. “executing him after his lengthy incarceration 'makes no measurable contribution to accepted goals of punishment' [and that] the addition of the death penalty to his lengthy incarceration is 'grossly out of proportion to his isolated act.'”

   2 later decisions quote this exact passage · from the majority
   e.g. 885 F. Supp. 958 - Lackey v. Scott · Lackey v. Johnson