Maxwell v. Bishop’s Empirical Analysis
1968
Citation profile
106 federal appellate · 11 district · 103 state decisions
How this case has been cited
Cited by 277 later decisions (7 by the Supreme Court) — most recently April 2019 · most notably Engle v. Isaac (1982), National Labor Relations Board v. Gissel Packing Co. (1969)
106 federal appellate · 11 district · 103 state decisions — followed in 33 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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 277 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"2. Whether Arkansas' practice of permitting the trial jury absolute discretion, uncontrolled by standards or directions of any kind, to impose the death penalty violates the Due Process Clause of the Fourteenth Amendment? "3. Whether Arkansas' single-verdict procedure, which requires the jury to determine guilt and punishment simultaneously and a defendant to choose between presenting mitigating evidence on the punishment issue or maintaining his privilege against self-incrimination on the guilt issue, violates the Fifth and Fourteenth Amendments."”
1 later decision quote this exact passagee.g. State v. Sanders
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.