Agee v. Wyrick’s Empirical Analysis
546 F.2d 1324 · 1976
Citation profile
14 federal appellate · 1 district · 3 state decisions
How this case has been cited
Cited by 21 later decisions — most recently February 1999
14 federal appellate · 1 district · 3 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 Chapman v. State of California · Picard v. Connor · United States v. Tucker · Argersinger v. Hamlin · Burgett v. Texas
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Now I want to talk a little bit about the sentence on this case. The Judge has told you that you’ve got a wide range in her [sic], you can send this man to the penitentiary for as long as you want to, from two years on up, you set the term. Any sentence you want to impose in this case you’re free to impose. Now when you go in your jury room I hope and I ask that when you start talking about sentence in this case, I hope the discussion is going to start around thirty years, because that’s what this case is worth. Anything less than thirty years would be a miscarriage of justice. You’ve got a twelve year old girl, absolutely no thought by him as to her future, her consequences, anything that might happen to her, whether she has a baby, whether she has emotional scars she’ll carry, he couldn’t care less, he couldn’t care less. Just the same as the girl he conceived a child with when he was twenty-four and she was fifteen. Now they made a big to do about him never being convicted of any prior sex crimes, and his own evidence has destroyed that, he conceived a child with a fifteen year old girl when he was twenty-four, and his evidence told you that. Now mind you that was developed from his witnesses, not the State’s witnesses.”
1 later decision quote this exact passage · from the majoritye.g. Agee v. Wyrick“On the appeal, the petitioner for the first time focuses his attack on the assistance of counsel as bearing upon the lengthy sentence imposed by the jury. The question is sufficiently unique that we believe it is appropriate for us to apply the exhaustion of remedies doctrine and require that petitioner present to the state court his incompetency of counsel claim as it relates with specificity to the imposition of a heavy sentence. . [T]he issue presented in this case is one of first impression, i. e., whether incompe tency of counsel, if such existed, served to unconstitutionally enhance Agee’s sentence .... Accordingly, we affirm the judgment of the district court except on the claim of incompetency of counsel and the introduction of evidence on the alleged uncounselled misdemeanor conviction. Those contentions now relate only to Agee’s claim of an enhancement of his sentence based on alleged violations of his constitutional rights. These matters may be presented to the Missouri courts for further consideration.”
1 later decision quote this exact passage · from the majoritye.g. Agee v. Wyrick
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.