Smith v. Mullin’s Empirical Analysis

Citation profile

50 federal appellate · 2 district · 8 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 95 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “First, the relinquishment of the right must have been voluntary in the sense that it was the product of a free and deliberate choice rather than intimidation, coercion, or deception. Second, the waiver must have been made with a full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it. Only if the totality of the circumstances surrounding the interrogation reveal both an uncoerced choice and the requi site level of comprehension may a court properly conclude that the Miranda rights have been waived.”

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. Smith · 599 F. Supp. 2d 1257 - Crosby v. Watkins

2. “(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.”

   2 later decisions quote this exact passage · from the majority
   e.g. Bland v. Sirmons · Smith v. Dorsey

3. “Death penalty litigation expert Dr. Craig Haney testified at the evidentiary hearing that “[jjuries respond to and find mitigating [this type of evidence,] and [they] are more likely to vote for life rather than death sentences in cases where there is ... clear and clearly presented evidence that the defendant has suffered from some form of mental illness_” E.H., vol. X, at 479-80. The available empirical evidence as to juror attitudes supports Dr. Haney’s conclusions. See Stephen P. Garvey, Aggravation and Mitigation in Capital Cases: What Do Jurors Think?, 98 Co-lum. L.Rev. 1538, 1559 (1998) (finding evidence of mental retardation and mental illness to be the most persuasive mitigation evidence and to have practically no aggravating effect); Samuel P. Gross, Update: American Public Opinion on the Death Penalty-It’s Getting Personal, 83 Cornell L.Rev. 1448, 1468-69 (1998) (finding mental retardation to be “much more” mitigating than other potential factors). See also Glenn v. Tate, 71 F.3d 1204, 1211 (6th Cir.1996) (citing empirical evidence of juror sympathy to claims of “organic brain problems”); Brewer v. Aiken, 935 F.2d 850, 862 (7th Cir.1991) (Easterbrook, J., concurring) (same).”

   1 later decision quote this exact passage · from the majority
   e.g. Richie v. Sirmons