Getsy v. Mitchell’s Empirical Analysis
456 F.3d 575 · 2006
Citation profile
5 federal appellate · 1 state decisions
Relationships
Applies 18 U.S.C. § 3592 · 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Williams v. Taylor · Townsend v. Sain · Gregg v. Georgia · Teague v. Lane · Fay v. Noia
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]t is not surprising that collectively we struggle to balance the form and amount of punishment that is appropriate, a struggle that lies at the heart of what we mean by “justice.”.... The two faces of justice — to deal firmly with transgressors, but not too harshly — reflect an intrinsic human sense of fairness and are important to the political ideal of equality. When Aristotle commands that like cases be treated alike, he is touching both on the personal notion that none of us wants to be punished more than anyone else (and therefore on our self-interest) and on the social notion that none of us wants to punish others more than they deserve (and therefore on the equilibrium between our inclination to punish and our intuitions about fairness and sympathy).”
1 later decision quote this exact passage · from the concurrencee.g. Getsy v. Mitchell“may not grant a writ of habeas [corpus] to a petitioner in state custody with respect to any claim adjudicated on the merits in state court unless (1) the state court’s decision “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court” ... or (2) the state court’s decision “was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceedings.””
1 later decision quote this exact passage · from the majoritye.g. Getsy v. Mitchell“If, then, the unjust is unequal, the just is equal, as all men suppose it to be, even apart from argument.... This, then, is what the just is — the proportional; the unjust is what violates the proportion .... [I]t is by proportionate requital that the city holds together.”
1 later decision quote this exact passage · from the concurrencee.g. Getsy v. Mitchell
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.