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← 815 F.2d 1205 - James L. Devine v. Herman Solem

James L. Devine v. Herman Solem’s Empirical Analysis

815 F.2d 1205 · 1987

Citation profile

10
cited by 10 later decisions
2
states following
April 1996
most recently cited

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.

  1. “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 majority
  2. “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 majority
  3. “'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 majority

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.