Getsy v. Mitchell’s Empirical Analysis
495 F.3d 295 · 2007
Citation profile
23 federal appellate · 5 state decisions
How this case has been cited
Cited by 56 later decisions — most recently August 2021 · most notably United States v. Taylor (2016), Brown v. Smith (2008)
23 federal appellate · 5 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 18 U.S.C. § 3592 · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Jackson v. Virginia · United States v. Booker · Williams v. Taylor · Crawford v. Washington
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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Eighth Amendment proportionality, as defined by the Supreme Court, refers ‘to an abstract evaluation of the appropriateness of a sentence for a particular crime.’ Pulley v. Harris, 465 U.S. 37, 42-43 , 104 S.Ct. 871 , 79 L.Ed.2d 29 (1984) (holding that the petitioner was not constitutionally entitled to a proportionality review that would ‘compare Harris’s sentence with the sentences imposed in similar capital cases’). Proportionality as defined by the Supreme Court evaluates a particular defendant’s culpability for his crime in relation to the punishment that he has received. See, e.g., Atkins v. Virginia, 536 U.S. 304 , 122 S.Ct. 2242 , 153 L.Ed.2d 335 (2002) (reversing the death sentence of a mentally retarded defendant); Enmund v. Florida, 458 U.S. 782 , 102 S.Ct. 3368 , 73 L.Ed.2d 1140 (1982) (reversing the death sentence of a defendant who did not himself take life, attempt to take life, or intend to take life); Coker v. Georgia, 433 U.S. 584 , 97 S.Ct. 2861 , 53 L.Ed.2d 982 (1977) (reversing the death sentence of a defendant for the rape of an adult woman that did not result in her death). In each of these cases, the Supreme Court struck down a death sentence not because it was disproportionate in com parison to sentences received by other, similarly situated defendants, but because of what the Court deemed to be the inappropriateness of the sentence in relation to the particular characteristics of the crime and the criminal at issue. These cases are of no help to Get”
2 later decisions quote this exact passage · from the majoritye.g. Beuke v. Houk · State v. Gamble“we have long held that the common-law rule of consistency has no application to conflicting verdicts returned by different juries in separate trials [,]”
1 later decision quote this exact passage · from the majoritye.g. Stojetz v. Ishee
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.