Green v. Johnson’s Empirical Analysis
515 F.3d 290 · 2008
Citation profile
12 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 20 later decisions — most recently July 2021
12 federal appellate · 1 district · 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. § 2244 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Townsend v. Sain · Atkins v. Virginia · Michael Wayne Williams v. John Taylor Warden · Ford v. Wainwright · Miller-El v. Dretke
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Notwithstanding any other provision of law, any person under sentence of death whose sentence became final in the circuit court before April 29, 2003, and who desires to have a claim of his mental retardation presented to the Supreme Court, shall do so by one of the following methods: (i) if the person has not commenced a direct appeal, he shall present his claim of mental retardation by assignment of error and in his brief in that appeal, or if his direct appeal is pending in the Supreme Court, he shall file a supplemental assignment of error and brief containing his claim of mental retardation, or (ii) if the person has not filed a petition for a writ of habeas corpus under subsection C of § 8.01-654, he shall present his claim of mental retardation in a petition for a writ of habeas corpus under such subsection, or if such a petition is pending in the Supreme Court, he shall file an amended petition containing his claim of mental retardation. A person proceeding under this section shall allege the factual basis for his claim of mental retardation. The Supreme Court shall consider a claim raised under this section and if it determines that the claim is not frivolous, it shall remand the claim to the circuit court for a determination of mental retardation; otherwise the Supreme Court shall dismiss the petition. The provisions of §§ 19.2-264.3:1.1 and 19.2- 264.3:1.2 shall govern a determination of mental retardation made pursuant to this section. If the claim is before the S”
1 later decision quote this exact passage · from the majoritye.g. Walker v. Kelly“This Court has previously held that the maximum score for a classification of mental retardation is an I.Q. score of 70. Petitioner provides no documentation that he was diagnosed as being mentally retarded before the age of 18 in accordance with the legal definition of mental retardation established by the legisla ture. Thus, petitioner has failed [to satisfy the requirements of Strickland ].”
1 later decision quote this exact passage · from the majoritye.g. Winston v. Kelly“neither Atkins nor Virginia law appear[ed] to require expressly that [the Flynn effect or the standard error of measurement] be accounted for in determining mental retardation status”
1 later decision quote this exact passage · from the majoritye.g. Richardson v. Thomas
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.