Babb v. Lozowsky’s Empirical Analysis
719 F.3d 1019 · 2013
Citation profile
5 federal appellate · 2 district · 1 state decisions
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court 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.”
1 later decision quote this exact passage · from the majority“Deliberation is the process of determining upon a course of action to kill as a result of thought, including weighing the reasons for and against the action and considering the consequences of the action. A deliberate determination may be arrived at in a short period of time. But in all cases the determination must not be formed in passion, or if formed in passion, it must be carried out after there has been time for the passion to subside and deliberation to occur. A mere unconsidered and rash impulse is not deliberate, even though it includes the intent to kill.”
1 later decision quote this exact passage · from the majority“[Defense counsel] tells you there’s not enough here to show premeditation even if you don’t believe Jack’s story. Premeditation may be as instantaneous as successive thoughts of the mind. He tells you that the shot to the head, the fatal shot, was the last one. Is there time, instantaneous time, when firing four or five shots, even before the fifth shot, to form a premeditated determination to take a life?”
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.