Maxwell v. Bishop’s Empirical Analysis
398 F.2d 138 · 1968
Citation profile
8 federal appellate · 1 district · 13 state decisions
How this case has been cited
Cited by 33 later decisions (6 by the Supreme Court) — most recently February 1994 · most notably Furman v. Georgia (1972), McCleskey v. Kemp (1987)
8 federal appellate · 1 district · 13 state decisions
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.
Appellate journey
Relationships
Relies on Gideon v. Wainwright · Jackson v. Denno · Fay v. Noia · Witherspoon v. Illinois · Brown v. Allen
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * Their choice between capital punishment and life imprisonment, * * is not startlingly or shockingly different from the situation where choice of punishment within statutorily prescribed: limits is for the judge. See Witherspoon v. State of Illinois, 391 U.S. 510 , 88 S.Ct. 1770 , 20 L.Ed.2d 776 (1968).””
2 later decisions quote this exact passage · from the majority““ * * * Two part jury trials are rare in our jurisprudence; they have never been compelled by this Court as a matter of constitutional law, or even as a matter of federal procedure * * * ””
2 later decisions quote this exact passage · from the majoritye.g. State v. Sanders · Swain v. State““It is perhaps well to emphasize initially what the study and Dr. Wolfgang’s testimony do not do or purport to do: “1. They do not relate specifically to Garland County where this particular offense was committed and where Maxwell was tried and convicted. They are concerned with 19 other Arkansas counties and with counties in 11 other states. “2. They' admittedly do not take every variable into account. “3. They do not show that the petit jury which tried and convicted Maxwell acted in his case with racial discrimination. • “4. They do not deny that generally the burden of demonstrating discrimination in penalty imposition is on the one who asserts it. Maxwell v. Stephens, supra, p. 330 of 348 F.2d [325] and cases cited; Mitchell v. Stephens, 353 F.2d 129, 133 (8 Cir. 1965), cert. denied 384 U.S. 1019 , 86 S.Ct. 1966 , 16 L.Ed.2d 1042 . “What we are concerned with here is Maxwell’s case and only Maxwell’s case. * * * * * “We are not yet ready to condemn and upset the result reached in every case of a negro rape defendant in the State of Arkansas on the basis of broad theories of social and statistical injustice.””
1 later decision quote this exact passage · from the majoritye.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.