James L. Devine v. Herman Solem’s Empirical Analysis
815 F.2d 1205 · 1987
Citation profile
2 federal appellate · 1 district · 2 state decisions
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Chapman v. State of California · Rideout v. United States · Fahy v. Connecticut · Riverbend Farms, Inc. v. Agricultural Labor Relations Board · Reproductive Services, Inc. v. Walker, Judge
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The test is not, therefore, ... whether laying aside the erroneously admitted evidence there was other evidence sufficient to convict beyond a reasonable doubt ... but, more stringently, 'whether there is a reasonable possibility that the evidence complained of might have contributed to the conviction.'”
1 later decision quote this exact passage · from the majoritye.g. Lam v. State of Iowa“A finding that the evidence is sufficient to support the conviction [in this case, to support the decision to impose the death penalty] is not dispositive of the question of harmless error.”
1 later decision quote this exact passage · from the majoritye.g. Williams v. Clarke“'The question is whether there is a reasonable possibility that the evidence complained of might have contributed to the conviction.'”
1 later decision quote this exact passage · from the majoritye.g. Williams v. Clarke
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.