Schiro v. State’s Empirical Analysis
1989
Citation profile
2 federal appellate · 50 state decisions
How this case has been cited
Cited by 57 later decisions (2 by the Supreme Court) — most recently March 2019 · most notably Schiro Farley Superintendent Indiana State Prison et al (1994), Woods v. State (1998)
2 federal appellate · 50 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 Strickland v. Washington · Ex Parte Hawk No - on Rule to Show Cause and Return · Bose Corp. v. Consumers Union of United States, Inc. · Songer v. Wainwright, Secretary, Florida Department of Corrections, Et Al. · Peat, Marwick, Mitchell & Co. v. Lipton
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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'[felony murder] is not an included offense of [murder] and where the jury, as in the instant case, finds the defendant guilty of one of the types of murder and remains silent on the other, it does not operate as an acquittal of the elements of the type of murder the jury chose not to consider.'”
2 later decisions quote this exact passage“The purpose of the post-conviction relief process is to raise issues not known at the time of the original trial and appeal or for some reason not available to the defendant at that time.”
2 later decisions quote this exact passagee.g. Maxey v. State · Lockert v. State“I.C. § 35-50-2-9 states: a) The state may seek a death sentence for murder by alleging, on a page separate from the rest of the charging instrument, the existence of at least one of the aggravating circumstances listed in subsection (b). In the sentencing hearing after a person is convicted of murder, the state must prove beyond a reasonable doubt the existence of at least one of the aggravating circumstances alleged, b) The aggravating circumstances are as follows: 1) The defendant committed the murder by intentionally killing the victim while committing or attempting to commit arson, burglary, child molesting, criminal deviate conduct, kidnapping, rape, or robbery.”
1 later decision quote this exact passage
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.