Evans v. Ol McCotter’s Empirical Analysis

Citation profile

10 federal appellate · 1 state decisions

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

1. “In its response, the state filed four more detailed affidavits of personnel of the Texas Department of Corrections, each of which asserted that petitioner was not insane. Additionally, the state submitted a psychological evaluation of the petitioner which concluded that he was sane. We held first that the affidavit submitted by the petitioner was too conclusory and thus not adequate to raise a fact question as to his sanity. Id. at 1214. As an alternate ground for our decision, we held that the factfinding procedure--a hearing by affidavit--had been adequate and”

   1 later decision quote this exact passage · from the majority
   e.g. Buxton v. Lynaugh

2. “[Petitioner's second federal habeas petition contains two pages of raw correlations allegedly evincing discriminatory application of the death penalty. The statistical evidence upon which Evans relies remains inadequate under current Fifth Circuit law to show that he has been the victim of discrimination or to entitle him to an evidentiary hearing. See, e.g., Wicker v. McCotter, 798 F.2d 155 , 157 (5th Cir.1986), and cases cited therein.”

   1 later decision quote this exact passage · from the majority
   e.g. Moore v. Blackburn

3. “there [was] no necessity or warrant for an evidentiary hearing in the federal district court.”

   1 later decision quote this exact passage · from the majority
   e.g. Buxton v. Lynaugh