Chester v. Thaler’s Empirical Analysis

Citation profile

12 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Indeed, the Briseno factors obviously evoke Atkins’s language which, in turn, evokes the AAMR findings. The first Briseno factor, regarding developmental stages, ties to the Atkins discussion of the onset of mental retardation before age 18. The second and third, regarding impulsive behavior and leadership, tie to the Atkins note that the retarded “often act on impulse rather than pursuant to a premeditated plan, and that in group settings they are followers rather than leaders.” The fourth, regarding rational actions and social propriety, ties to the Atkins discussion of “understand[ing] the reactions of others.” The fifth, regarding focused responses to questions, evokes the Atkins discussion of “diminished capacities to understand and process information, to communicate .... ” The sixth, concerning the ability to deceive, seems related to Atkins’s mention of “capacity] to understand and process information, to communicate, to abstract from mistakes and learn from experience, to engage in logical reasoning....” And the seventh, involving forethought and planning, seems tied to Atkins’s mention of action “pursuant to a premeditated plan.” The Briseno factors thus are not arbitrary creations of the Texas judiciary but rather carefully constructed considerations that tie directly to Atkins .”

   1 later decision quote this exact passage
   e.g. Commonwealth v. DeJesus

2. “(1) Did those who knew the person best during the developmental stage— his family, friends, teachers, employers, authorities' — think he was mentally retarded at that time, and, if so, act in accordance with that determination? (2) Has the person formulated plans and carried them through or is his conduct impulsive? (3) Does his conduct show leadership or does it show that he is led around by others? (4) Is his conduct in response to external stimuli rational and appropriate, regardless of whether it is' socially acceptable? (5) Does he respond coherently,’, rationally, and on point to oral or written questions or do his responses wander from subject to subject to subject? (6) Can the person hide facts or lie effectively in his own or others’ interests? (7) Putting aside any heinousness or gruesomeness surrounding the capital offense, did the commission of that offense require forethought, planning, and complex execution of purpose?”

   1 later decision quote this exact passage · from the concurrence
   e.g. Matamoros v. Stephens

3. “[Chester] masterminded a sophisticated break-in and dealt with a crisis as it developed. Nothing about this crime suggests Petitioner had difficulties 'processing] information’ or ‘engaging] in logical reasoning.’”

   1 later decision quote this exact passage
   e.g. In re Charges of Judicial Misconduct