O'Bryan v. Wj Estelle’s Empirical Analysis
714 F.2d 365 · 1983
Citation profile
51 federal appellate · 19 state decisions
How this case has been cited
Cited by 131 later decisions (3 by the Supreme Court) — most recently July 2013 · most notably Wainwright v. Witt (1985), O'Dell III v. Jd Netherland (1997)
51 federal appellate · 19 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Jackson v. Virginia · In the Matter of Samuel Winship · Wainwright v. Sykes · Townsend v. Sain · Cuyler v. Sullivan
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 131 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) whether the conduct of the defendant that caused the death of the deceased was committed deliberately and with the reasonable expectation that the death of the deceased or another would result; (2) whether there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society.”
3 later decisions quote this exact passage · from the dissent“refusal to instruct the jury about the law governing the Board of Pardons and Paroles in relation to inmates sentenced to life imprisonment,”
2 later decisions quote this exact passage · from the dissente.g. Joseph Roger O'dell, III v. J.D. Netherland, Warden, Mecklenburg Correctional Center Ronald J. Angelone, Director, Virginia Department of Corrections James S. Gilmore, Iii, Attorney General of the Commonwealth of Virginia Commonwealth of Virginia, Joseph Roger O'dell, III v. J.D. Netherland, Warden, Mecklenburg Correctional Center Ronald J. Angelone, Director, Virginia Department of Corrections James S. Gilmore, Iii, Attorney General of the Commonwealth of Virginia Commonwealth of Virginia · O'Dell III v. Jd Netherland J S III O'Dell III“widely held misconception that a life sentence will result in a defendant's only serving nine or ten years in prison.”
2 later decisions quote this exact passage · from the dissente.g. Joseph Roger O'dell, III v. J.D. Netherland, Warden, Mecklenburg Correctional Center Ronald J. Angelone, Director, Virginia Department of Corrections James S. Gilmore, Iii, Attorney General of the Commonwealth of Virginia Commonwealth of Virginia, Joseph Roger O'dell, III v. J.D. Netherland, Warden, Mecklenburg Correctional Center Ronald J. Angelone, Director, Virginia Department of Corrections James S. Gilmore, Iii, Attorney General of the Commonwealth of Virginia Commonwealth of Virginia · O'Dell III v. Jd Netherland J S III O'Dell III
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.