Babb v. Lozowsky’s Empirical Analysis
704 F.3d 1246 · 2013
Citation profile
1 federal appellate ·
Appellate journey
Relationships
Applies 18 U.S.C. § 1111 · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Jackson v. Virginia · Chapman v. State of California · Williams v. Taylor · In the Matter of Samuel Winship · Kotteakos 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“I was the driver. It was maybe a 15-minute plan. We weren’t out to get this specific person. I jokingly said, “Let’s rob a cab. It’s easy enough.” So we did. I didn’t hear the gunshot. I didn’t even know he was shot until I pulled up alongside the car and heard him [the driver] breathing. The cab stopped in Cold Springs, and I pulled in front of it. I looked and saw him in the front seat with his head rolled back. When I thought about it later, I kept hearing his breath. I thought maybe someone else would rob a cab and they’d think he did it. I was broke and I had just lost my job. I needed the money to pay my bills. I have a lot of debt. For the money we got, that man’s life wasn’t worth it. How do you tell people you were involved in a murder? How will I tell my mom? I acknowledge this happened and I feel bad. I have nothing to hide. What’s done is done. This is forever, nobody will forget. You see it on TV and you know that you did that. I didn’t want any of this.”
1 later decision quote this exact passage · from the majoritye.g. Babb v. Lozowsky“So this cab driver is just spurting off his mouth about how he got ‘ripped off $1000 cash earlier, blah blah blah. Now what could that all have been about? Drugs.... It’s because of people like him that I don’t have a son or daughter.... I chambered a round.... Point blank. An inch above the ear and two behind. Boom. That simple. That easy. No remorse. Honestly. I jumped up and let the cab coast right in front of a drug dealer’s house in Cold Springs. Perfect. Windows were up, so it was noiseless.... We left. Went to Circus Circus. Played some games, gambled — continued our good time. Went to Taco Bell. And ate. Went home. Simple. Nothing to it. Just another chore, like taking out the trash, except easier. And funner.”
1 later decision quote this exact passage · from the majoritye.g. Babb v. Lozowsky“Whenever death occurs during the perpetration of certain felonies, including Robbery, NRS 200.030 defines this as Murder in the First Degree. This is known as the “felony murder rule.” Therefore, an unlawful killing of a human being, whether intentional, unintentional or accidental, which is committed in the perpetration of a Robbery, is Murder in the First Degree if there was in the mind of the defendants the specific intent to commit the crime of Robbery. The specific intent to commit Robbery must be proven by the state beyond a reasonable doubt.”
1 later decision quote this exact passage · from the majoritye.g. Babb v. Lozowsky
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.