Spears v. Greiner’s Empirical Analysis
459 F.3d 200 · 2006
Citation profile
8 federal appellate · 1 state decisions
How this case has been cited
Cited by 29 later decisions — most recently February 2020 · most notably United States v. Vanvliet (2008), Dolphy v. Mantello (2009)
8 federal appellate · 1 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
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Wiggins v. Smith, Warden · Bailey v. United States · Allen v. United States · Lowenfield v. Phelps · Jenkins v. United States
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In Allen , the Supreme Court approved of supplemental instructions given to a deadlocked jury urging them to continue deliberating and for the jurors in the minority to listen to the majority's arguments and ask themselves whether their own views were reasonable under the circumstances. 164 U.S. at 501 , 17 S.Ct. 154 . The instructions in Allen included statements directing that "the verdict must be the verdict of each individual juror, and not a mere acquiescence in the conclusion of his fellows,” and that it was the jury’s duty "to decide the case if they could conscientiously do so.” Id. These statements served to remind jurors in the minority that a verdict was not required, and that no juror should surrender the juror's conscientiously held views for the sake of rendering a verdict.”
2 later decisions quote this exact passage · from the majority“[Tjhere has been an objection by counsel to my statement that a lot of time and money has been expended on this case. That shouldn’t be part of your consideration. What you should consider is what the facts are with the idea, with an attempt to reach a verdict if that be possible. Based on the very few hours that you have deliberated, I tell you that it’s far too premature at this point to send such a note. Please continue your deliberations with a view toward arriving at a verdict if that’s possible.”
2 later decisions quote this exact passage · from the majority“[I]t is your duty to consult with one another and to deliberate with a view to reaching agreement if you can do so without violence to your individual judgment. Of course, you must not surrender your honest convictions as to the weight or effect of the evidence solely because of the opinions of the other jurors or for the mere purpose of returning a verdict. Each of you must decide the case for yourself, but you should do so only after consideration of the evidence with your fellow jurors.”
2 later decisions quote this exact passage · from the majority
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.