Bartee v. Quarterman’s Empirical Analysis

Citation profile

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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the procedural requirements applicable to the eligibility decision in weighing jurisdictions such as Arizona (where specific findings of aggravating factors are made during a separate post-conviction proceeding and then weighed against any “mitigating” factors also found by the sentencing authority) are inapplicable to a Texas capital sentencing jury’s selection decision, i.e., its determination as to whether the mitigating evidence in a particular case warrants a sentence of less than death for a criminal defendant who has already been convicted beyond a reasonable doubt of capital murder and already determined beyond a reasonable doubt to pose a risk of future dangerousness. See Turner v. Quarterman, 481 F.3d at 300 (“Ring is inapposite to any discussion of the constitutional requirements of the selection phase.”); Scheanette v. Quarterman, 482 F.3d at 828 (“a finding of mitigating circumstances reduces a sentence from death, rather than increasing it to death.”); Sonnier v. Quarterman, 476 F.3d at 363-67 (holding the deletion of the former special issue inquiring into whether the defendant acted “deliberately” in connection with the capital murder from the Texas capital sentencing scheme did not render same vulnerable to attack on Eighth Amendment grounds); Granados v. Quarterman, 455 F.3d 529, 537 (5th Cir.2006) (distinguishing Ring and Apprendi on the ground a jury’s affirmative answer to the Texas capital sentencing scheme’s Penry or “mitigation” special issue reduces a”

   1 later decision quote this exact passage · from the majority
   e.g. 765 F. Supp. 2d 783 - Jasper v. Thaler