United States v. McCullah’s Empirical Analysis
76 F.3d 1087 · 1996
Citation profile
88 federal appellate · 27 district · 16 state decisions
How this case has been cited
Cited by 222 later decisions (1 by the Supreme Court) — most recently January 2024 · most notably Jones v. United States (1999), McQueen v. Scroggy (1996)
88 federal appellate · 27 district · 16 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
Applies 18 U.S.C. § 1958 · 18 U.S.C. § 2 · 18 U.S.C. § 3005 · 18 U.S.C. § 371 · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act) · 21 U.S.C. § 848 (§ 408 of the Controlled Substances Act) · 28 U.S.C. § 1863
Relies on Strickland v. Washington · Jackson v. Virginia · United States v. Olano · Schneckloth v. Bustamonte · 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 222 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[D]ouble counting of aggravating factors, especially under a weighing scheme, has a tendency to skew the weighing process and creates the risk that the death sentence will be imposed arbitrarily and thus, unconstitutionally.”
15 later decisions quote this exact passage · from the concurrence“(a)'A defendant who has been found guilty of— (2) any other offense for which a sentence of death is provided, if the defendant, as determined beyond a reasonable doubt at the hearing under section 3593— (A) intentionally killed the victim; (B) intentionally inflicted serious bodily injury that resulted in the death of the victim; (C) intentionally participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and the victim died as a direct result of the act; or (D) intentionally and specifically engaged in an act of violence, knowing that the act created a grave risk of death to a person, other than one of the participants in the offense, such that participation in the act constituted a reckless disregard for human life and the victim died as a direct result of the act, shall be sentenced to death if, after consideration of the factors set forth in section 3592 in the course of a hearing held pursuant to section 3593, it is determined that imposition of a sentence of death is justified, except that no person may be sentenced to death who was less than 18 years of age at the time of the offense.”
6 later decisions quote this exact passage · from the concurrence“if the government's conduct causes the defendant's will to be overborne and 'his capacity for self-determination critically impaired'.”
5 later decisions 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.