441 So. 2d 846 - Irving v. State’s Empirical Analysis
1983
Citation profile
2 federal appellate · 87 state decisions
How this case has been cited
Cited by 101 later decisions (2 by the Supreme Court) — most recently June 2016 · most notably Evitts v. Lucey (1985), Clemons v. Mississippi (1990)
2 federal appellate · 87 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.
Relationships
Relies on Gregg v. Georgia · Enmund v. Florida · Dobbert v. Florida · Spinkellink v. Wainwright · Washington v. Watkins
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 101 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In that the conviction by the first jury was not disturbed on appeal, the present sentencing jury was prohibited by the doctrine of res judicata from relitigating the issue of guilty (sic). Rather, the second jury's function was to accept the first jury's finding that Irving was guilty of felony-murder involving robbery and then to determine sentence.”
5 later decisions quote this exact passagee.g. Wilcher v. State · King v. State“the great majority of death penalty cases affirmed by this Court involve some type of physical and/or mental torture to the victim,”
2 later decisions quote this exact passage“The issue may not now be raised for the first time on a petition for rehearing and it is procedurally barred.”
2 later decisions quote this exact passage
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.