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← 480 F.2d 1021 - Eaton v. Capps

Eaton v. Capps’s Empirical Analysis

480 F.2d 1021 · 1973

Citation profile

9
cited by 9 later decisions
3
states following
June 1983
most recently cited

3 federal appellate · 3 state decisions

Relationships

Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York · Witherspoon v. Illinois · Furman v. Georgia · Amos Marshall Arketa v. Lawrence E. Wilson · Duncombe v. State of New York

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.

  1. ““This contention is indeed wide of the mark. As the Per Curiam opinion of the Supreme Court shows, 408 U.S. at 239 , 92 S.Ct. at 2727 , 33 L.Ed.2d at 347 , certiorari was granted limited to the following question: ‘Does the imposition and carrying out of the death penalty in (these cases) constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments?’ The holding answers the question in the affirmative. The Per Curiam opinion continues: ‘The judgment in each case is therefore reversed insofar as it leaves undisturbed the death sentence imposed, and the cases are remanded for further proceedings.’ (Emphasis added.) None of the statutes involved is held unconstitutional per se, simply the imposition of death sentences under them. Nothing contained in any of the separate opinions of Justices Douglas, Brennan, Stewart, White and Marshall in concurrence, and the Chief Justice and Justices Blackman, Powell and Rehnquist, in dissent, indicate that the holding is broader than this." Eaton v. Walter Capps, supra.”
    1 later decision 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.