Green v. Thaler’s Empirical Analysis
699 F.3d 404 · 2012
Citation profile
10 federal appellate · 2 state decisions
Relationships
Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2245 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2251 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Miller-El v. Cockrell Director Texas Department of Criminal Justice Institutional Division · Anderson v. City of Bessemer City · Williams v. Taylor · Rose v. Lundy · Lockyer Attorney General of California v. Andrade
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] defendant subject to a sentence of death could initiate more than one competency proceeding in a state court over time, and habeas petitions separately challenging each state-court competency proceeding would not necessarily be considered successive under AEDPA. Each proceeding might depend on the facts that obtained at the time of the competency hearing, particularly when relatively long periods of time had passed between adjudications of competency.”
2 later decisions quote this exact passage · from the concurrencee.g. Busby v. Davis · Busby v. Davis“a determination that a defendant was incompetent to be executed would not vacate the sentence of death. The sentence would remain, but, as a constitutional matter, it could not be enforced unless and until the defendant became competent to be executed”
2 later decisions quote this exact passage · from the concurrencee.g. Busby v. Davis · Busby v. Davis“Green had the opportunity to develop his claim in the state proceeding. Green himself testified. The state court provided Green counsel and an expert witness. Green’s expert, Dr. Mosnik, produced an expert report; She also-testified. Green also submitted over 200 pages of medical records relating to his treatment at the Jester.IV unit, records which both experts reviewed.... [[Image here]] .... The state court allowed Green to retain his own expert.- It also considered “all of the exhibits and made the decision based upon a review of all of the evidence including testimony from [Green’s] expert” At the competency hearing, the state court made clear that its-decision was “based on all the evidence.” 133”
1 later decision quote this exact passage · from the concurrencee.g. Battaglia v. State
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.