Lewis v. Thaler’s Empirical Analysis
701 F.3d 783 · 2012
Citation profile
13 federal appellate ·
Relationships
Applies 28 U.S.C. § 2253 (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 · Robinson v. Shell Oil Co. · Atkins v. Virginia · Yarborough v. Alvarado · Harrington v. Richter
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“application for a writ of habeas corpus ... shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim: (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States[,] or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.”
5 later decisions quote this exact passage · from the majoritye.g. Floyd v. Vannoy · Floyd v. Vannoy“apply[ ] the same standards to the state court's decision[s] as did the district court”
3 later decisions quote this exact passage · from the majoritye.g. Floyd v. Vannoy · Floyd v. Vannoy“(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 majority
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.