Wheeler v. Simpson’s Empirical Analysis
779 F.3d 366 · 2015
Citation profile
1 federal appellate ·
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Williams v. Taylor · Wainwright v. Sykes · Gregg v. Georgia · Witherspoon v. Illinois
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“not absolutely certain whether [he] could realistically consider”
2 later decisions quote this exact passage · from the majority“On October 2,1997, Louisville police discovered the bodies of [Malone and War-field] in the apartment the victims shared. The male victim was found in a hallway near the bathroom. He had suf fered nine stab wounds. Two stab wounds to the chest were considered the fatal wounds by the medical examiner. She described the crime scene as having blood spatters on the floor, walls, furniture and appliances. The medical examiner believed that the main struggle occurred in the kitchen and progressed to the hallway where the body of the male victim was found. The female victim died as a result of manual strangulation. The medical examiner testified that she believed the struggle between the female and her assailant occurred in the bedroom where she was found. The female victim had multiple abrasions on the left side of her neck and lacerations with a bruise on her mouth and several bruises on her lips. Her body was found in a seated position, leaning against a bedroom wall. She was covered with a blanket or quilt and a [pair of] scissors was protruding from her neck. The medical testimony determined that she had been stabbed with the scissors after she was already dead. During the autopsy, the medical examiner discovered that the female victim was pregnant. There was blood on the floors and walls in nearly every room in the apartment. Numerous blood samples were also collected at the scene and were subject to laboratory testing. No fingerprints were found on the scissors. Wheeler denie”
1 later decision quote this exact passage · from the majoritye.g. Wheeler v. Simpson“( Id. at 52-53) Respondent argues that Taylor's case is distinguishable from Gray, Adams, and Lockhart : In Gray , the [trial] court allowed a cause strike of a juror who stated that she could consider the death penalty and could reach either a guilty or not guilty verdict. This could not be farther from the situation at bar, where Juror Tumminia never once stated that she could consider the death penalty despite being asked numerous times by both sides.... Juror Tumminia's inability to ever commit to a firm answer went beyond what would be expected of one”
1 later decision quote this exact passage · from the dissent
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.