Gray v. Thompson’s Empirical Analysis

Citation profile

7 federal appellate · 1 state decisions

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

1. “was not compelled by existing precedent at the time his conviction became final.”

   3 later decisions quote this exact passage · from the majority
   e.g. Gray v. Netherland · Coleman Wayne Gray v. J.D. Netherland, Warden, Mecklenburg Correctional Center, Coleman Wayne Gray v. J.D. Netherland, Warden, Mecklenburg Correctional Center

2. “Before the penalty can be fixed at death, the Commonwealth must prove beyond a reasonable doubt at least one of the following two alternatives. First, that after consideration of his history and background there is a probability that he would commit criminal acts of violence that would constitute a continuing serious threat to society, or two, that his conduct in committing the offense was outrageously or wantonly vile, horrible or inhuman in that it involved torture or depravity of mind. If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt either of the two alternatives and as to that alternative you are unanimous, then you may fix the punishment of the Defendant at death, or, if you believe from all the evidence that the death penalty is not justified, then you shall fix the punishment of the Defendant at life imprisonment.”

   2 later decisions quote this exact passage · from the majority
   e.g. Gray v. Netherland · 901 F. Supp. 1070 - George v. Angelone

3. “This rule of latitude — which also allows the defendant to present a wide range of mitigating evidence — was fashioned pursuant to the Supreme Court’s instruction that “it [is] desirable for the jury to have as much information before it as possible when it makes the sentencing decision.” Gregg v. Georgia, 428 U.S. 153, 204 , 96 S.Ct. 2909, 2940 , 49 L.Ed.2d 859 (1979).”

   1 later decision quote this exact passage · from the majority
   e.g. 901 F. Supp. 1070 - George v. Angelone