Beaty v. Brewer’s Empirical Analysis

Citation profile

2 federal appellate ·

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

1. “In his motion for injunctive relief, Plaintiff relies on Oken in support of his assertion that he has a right to reasonable notice of protocol changes so that he can ensure such changes comport with constitutional requirements. However, this Court cannot rely on one district court’s unsupported assertion that capital plaintiffs have such a due process right, especially in view of the fact that the United States Supreme Court vacated the stay of execution granted by the district court in Oken. ... Moreover, other than the district court order in Oken, Plaintiff cites no authority to support his allegation that the Due Process Clause provides a right to review protocol changes and attempt to challenge them. Other courts to address this issue have found no such authority. See Clemons v. Crawford, 585 F.3d 1119 , 1129 n. 9 (8th Cir.2009) (noting lack of authority indicating due process right to probe into backgrounds of execution personnel); Powell v. Thomas [Powell I], ... 784 F.Supp.2d 1270 , 1282-83 ... (M.D.Ala.... 2011) (finding no authority for proposition that condemned inmate has due process right to receive notice and an opportunity to be heard regarding substitution of pentobarbital). Given the lack of authority to support Plaintiffs procedural due process violation, the Court finds that he has failed to establish a likelihood of success on the merits of that claim to notice....”

   2 later decisions quote this exact passage · from the dissent
   e.g. Sepulvado v. Jindal · Jessie Hoffman v. Bobby Jindal