Cathey, Eric Dewayne’s Empirical Analysis

Citation profile

3 federal appellate · 6 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[1] Did those who knew the person best during the developmental stage— his family, friends, teachers, employers, authorities — think he was mentally retarded at that time, and, if so, act in accordance with that determination? [2] Has the person formulated plans and carried them through or is his conduct impulsive? [3] Does his conduct show leadership or does it show that he is led around by others? [4] Is his conduct in response to external stimuli rational and appropriate, regardless of whether it is socially acceptable? [5] Does he respond coherently, rationally, and on point to oral or written questions or do his responses wander from subject to subject? [6] Can the person hide facts or lie effectively in his own or others’ interests? [7] Putting aside any heinousness or gruesomeness surrounding the capital offense, did the commission of that offense require forethought, planning, and complex execution of purpose?”

   3 later decisions quote this exact passage · from the majority
   e.g. Henderson v. Stephens · Moore, Bobby James

2. “[C]ourts should not become so entangled with the opinions of psychiatric experts as to lose sight of the basic factual nature of the Atkins inquiry: Is this person capable of functioning adequately in his everyday world with intellectual understanding and moral appreciation of his behavior wherever he is? Or is he so intellectually disabled that he falls within that class of [intellectually disabled] inmates who are exempt from the death penalty? In that inquiry, we should not turn a blind eye to the inmate’s ability to use society and his environment to serve his own needs. And sound scientific principles require the factfinder to consider all possible data that sheds light on a person’s adaptive functioning, including his conduct in a prison society, school setting, or “free world” community.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Henderson v. Stephens · Moore v. Texas

3. “It is difficult to credit that a developmental intellectual disability can lie dormant and undiscovered for [37] years and then spring full-grown, like Minerva from Zeus's forehead, only when that person would be exempted from the death penalty if found so disabled.”

   1 later decision quote this exact passage · from the majority
   e.g. 239 So. 3d 268 - State v. Robertson