Wicker v. Ol McCotter’s Empirical Analysis
798 F.2d 155 · 1986
Citation profile
18 federal appellate · 2 state decisions
How this case has been cited
Cited by 88 later decisions — most recently October 2023 · most notably 510 So. 2d 885 - Roberts v. State (1987), Selvage v. Lynaugh (1988)
18 federal appellate · 2 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 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Townsend v. Sain · Stone v. Powell · Nix v. Williams · Barefoot v. Estelle · Baskett 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 88 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“To create a fact issue warranting an evidentiary hearing, a statistical proffer must be “so strong that the results will permit no other inference but that they are the product of racially discriminatory intent or purpose.” Smith v. Balkcom, 671 F.2d 858, 859 , modifying 660 F.2d 573 (5th Cir.), cert. denied, 459 U.S. 882 , 103 S.Ct. 181 , 74 L.Ed.2d 148 (1982). Prejean’s tender does not meet this standard. Smith v. Balkcom, id., and Spinkellink v. Wainwright, 578 F.2d 582 (5th Cir. 1978), remain the touchstone of our analysis. In both Smith and Spinkellink , we said the proof must establish specific acts evidencing intentional or purposeful discrimination “against the petitioner•” on the basis of race. Id. at 614 n. 40, quoted in Smith, 660 F.2d at 585 (emphasis supplied in Smith).”
1 later decision quote this exact passage · from the majority“In the absence of declaration by the Supreme Court that executions should be stayed in cases presenting the issue raised by Wicker, we must follow our circuit's precedents and deny both a certificate of probable cause and a stay of execution on this issue.”
1 later decision quote this exact passage · from the majoritye.g. Selvage v. Lynaugh
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.