Gongora v. Thaler’s Empirical Analysis
710 F.3d 267 · 2013
Citation profile
5 federal appellate ·
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Apprendi v. New Jersey · Chapman v. State of California · Blakely v. Washington · Williams v. Taylor · Bruton 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When viewed in context, the complained-of comments appear to be the prosecutor’s attempt to comment on [Gongora’s] failure to produce witnesses other than [himself], which is a permissible area of comment.... Nonetheless, the prosecutor’s actual comments tended to be inartful and often confusing, leading the trial judge to sustain [Gongora’s] objections to the remarks and to instruct the jury to disregard them. However, the court did not abuse its discretion in thereafter overruling [Gongora’s] various motions for mistrial on this issue. On this record, the prosecutor’s comments were not so blatant that they rendered the instructions to disregard ineffective. Thus, the judge reasonably concluded that the instructions to disregard effectively removed any prejudice caused by the prosecutor’s comments.[ 3 ]”
1 later decision quote this exact passage · from the dissente.g. Gongora v. Thaler“I agree [with the panel majority] that the [initial] statements ... were an impermissible comment on Gongora's assertion of his Fifth Amendment rights.”); Gongora v. Quarterman, 498 F.Supp.2d 919 , 929 (N.D.Tex.2007) (”
1 later decision quote this exact passage · from the dissente.g. Gongora v. Thaler
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.