673 F. Supp. 1440 - Kirby v. Dutton’s Empirical Analysis
1986
Citation profile
2 federal appellate ·
Relationships
Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2243 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2264 (§ 107 of the Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Cuyler v. Sullivan · McMann v. Richardson · Spencer v. State of Texas a Bell · Brasfield v. United States
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Frank and Noel Kirby are brothers, and Noel Kirby is married to Cheryl Parks Kirby, the daughter of J.C. Parks, deceased, the victim. In March of 1973 Noel Kirby and his wife, Cheryl Parks Kirby, were having marital difficulties. Noel had possession of Cheryl’s Plymouth Duster automobile, which was parked in front of a drive-in restaurant. Noel and Frank Kirby were inside the restaurant and Cheryl was to go to the restaurant and pick up her automobile. Upon arriving at the restaurant in the company of her father, J.C. Parks, she got out of the Parks’ automobile, into her own automobile, and began to back out of the restaurant parking lot. The defendant Noel Kirby started out of the restaurant to get some of his property which was in the automobile Cheryl was driving, and as he was going out Frank Kirby requested Noel to be sure to get his pistol, a .357 Magnum. Cheryl gave the defendant Noel Kirby some fishing gear, beer, and the holster and .357 Magnum belonging to Frank Kirby. Noel Kirby gave the fishing gear and beer to Dean Kirby to carry and he started back to the restaurant with Frank Kirby’s .357 Magnum pistol. Frank Kirby came out of the restaurant saying, “I’m going to kill him”, and took his pistol from Noel Kirby and shot into the automobile in which the deceased J.C. Parks was seated ... [A]s a result of these shots being fired, J.C. Parks was killed. The deceased was shot three times in the back, all of the shots ranging downward.”
1 later decision quote this exact passagee.g. Kirby v. Dutton“The petitioner testified that he acted in good faith apprehension that his victim would shoot him with his (the victim’s) gun as the victim stood outside his vehicle. There was other testimony, however, that the victim’s gun at all pertinent times was in his daughter’s pocketbook, and it has been determined factually that the victim was shot as he was seated in his automobile.”
1 later decision quote this exact passagee.g. Kirby v. Dutton
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.