Byrd v. Delo’s Empirical Analysis

Citation profile

6 federal appellate · 1 district ·

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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Insofar as Petitioner implies that these cases break new ground or depart from prior precedent, this Court must respond that they do not. The requirement that juries in capital cases be permitted to consider all mitigating factors and aspects of a defendant’s character and to give effect to that evidence was firmly established in Eddings [v. Oklahoma, 455 U.S. 104 , 102 S.Ct. 869 , 71 L.Ed.2d 1 ] and Lockett [v. Ohio, 438 U.S. 586 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 ]. Mills and McKoy [v. North Carolina, 494 U.S. 433 , 110 S.Ct. 1227 , 108 L.Ed.2d 369 ] are based upon this principle and both rely on the Eddings and Lockett line of cases; they represent a clear application of existing law. See Penry v. Lynaugh, [ 492 U.S. 302, 313-20 ] 109 S.Ct. [2934] 2944-47 [ 106 L.Ed.2d 256 ] (rule that jury be given instruction allowing it to consider mitigating evidence and give effect to such evidence is not new rule, but is dictated by Eddings and Lockett).”

   2 later decisions quote this exact passage · from the concurrence
   e.g. 829 F. Supp. 676 - DeShields v. Snyder · Banks v. Horn

2. “If you do unanimously find beyond a reasonable doubt that one or more statutory aggravating circumstances exist, you must then weigh and consider the mitigating circumstances and the aggravating circumstances including, but not limited to, the statutory aggravating circumstance or circumstances that you have already found to exist. You must weigh all relevant evidence in aggravation and mitigation which bears upon the particular circumstances or details of the commission of the offense and the character and propensities of the offender. In order to recommend a sentence of death, you must unanimously find that the aggravating factors outweigh the mitigating factors. Regardless of the circumstances, you, in your discretion, may recommend that a sentence of life imprisonment without probation or parole be imposed.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Byrd v. Delo · 829 F. Supp. 676 - DeShields v. Snyder