Walker v. True’s Empirical Analysis

Citation profile

33 federal appellate · 7 district · 14 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 78 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A] disability, originating before the age of 18 years, characterized concurrently by (i) significantly subaverage intellectual functioning as demonstrated by performance on a standardized measure of intellectual functioning administered in conformity with accepted professional practice, that is at least two standard deviations below the mean and (ii) significant limitations in adaptive behavior as expressed in conceptual, social and practical adaptive skills.”

   5 later decisions quote this exact passage · from the majority
   e.g. Walker v. Kelly · United States v. Cisneros

2. “[T]he finding of mental retardation does not increase the penalty for the crime beyond the statutory maximum — death. Rather, a defendant facing the death penalty may avoid that penalty if he successfully raises and proves by a preponderance of the evidence that he is mentally retarded. The state does not have a corollary duty to prove that a defendant is “not retarded” in order to be entitled to the death penalty. Accordingly, “an increase ” in a defendant’s sentence is not predicated on the outcome of the mental retardation determination; only a decrease.”

   3 later decisions quote this exact passage · from the majority
   e.g. United States v. Umaña · People v. Skinner

3. “has set forth facts that, if true, would demonstrate that he is mentally retarded under Virginia law.”

   3 later decisions quote this exact passage · from the majority
   e.g. Walton v. Johnson · Walton v. Johnson