Ex Parte McWilliams’s Empirical Analysis
1993
Citation profile
1 federal appellate · 65 state decisions
How this case has been cited
Cited by 70 later decisions (1 by the Supreme Court) — most recently October 2019 · most notably Ball v. State (1997), 666 So. 2d 73 - Ex Parte Taylor (1995)
1 federal appellate · 65 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
Relies on Batson v. Kentucky · Blockburger v. United States · North Carolina v. Pearce · Griffin v. California · Powers v. Ohio
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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“' Grady , 495 U.S. at 516-17 , 110 S.Ct. at 2090-91 , 109 L.Ed.2d at 561 . This Court has also held that the Double Jeopardy Clause of the Alabama Constitution , Art. I , § 9 , applies only in the three areas enumerated above. Ex parte Wright , 477 So.2d 492 (Ala. 1985).'”
14 later decisions quote this exact passagee.g. Taylor v. State · Stewart v. State“`manifestly intended or was of such a character that a jury would naturally and necessarily take it to be a comment on the failure of the accused to testify.'”
5 later decisions quote this exact passage“"In Booth v. Maryland, 482 U.S. 496 , 107 S.Ct. 2529 , 96 L.Ed.2d 440 (1987), the United States Supreme Court vacated a death sentence, holding that it violated the defendant's Eighth Amendment rights for the sentencer to consider victim impact statements in sentencing the defendant to death. The victim impact statements in that case contained the same types of information as were in the statements in the present case. In Payne v. Tennessee, 501 U.S. 808 , 111 S.Ct. 2597 , 115 L.Ed.2d 720 (1991), the Supreme Court partially overruled Booth . The Court in Payne held that the defendant's Eighth Amendment rights were not violated by the trial court's consideration of statements regarding the victims and the impact of their deaths upon the family members. The victim impact statements in Payne did not contain characterizations or opinions about the defendant, the crime, or the appropriate punishment. That portion of Booth that proscribed the trial court's consideration of that type of statement was, therefore, left intact by Payne . " We conclude that McWilliams's Eighth Amendment rights were violated if the trial judge in this case considered the portions of the victim impact statements wherein the victim's family members offered their characterizations or opinions of the defendant, the crime, or the appropriate punishment. "”
3 later decisions 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.