Coleman v. Risley’s Empirical Analysis

Citation profile

21 federal appellate · 1 district · 2 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Q[uestion] In Judge Keedy’s order ... Judge Keedy indicates that there are certain mitigating factors that are enumerated by statute ... and that includes the influence of extreme mental or emotional disturbance or that his capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired. In the report that I reviewed prepared by you, you refer to these sections ... Did you assume that your report was to be prepared within these legal guidelines? A[nswer] My report was to be prepared being fully cognizant of the nature of the conclusions of law in the order and I tried to respond in language which would indicate that I am familiar with these terms and I understand what these terms mean based on my professional practice Q Did you believe or take the position in comparing your conclusions that the mitigating factors could be anything, anything that could not be tied to deliberate criminal intent ... ? A That’s my understanding that I was to look for extreme mental or emotional disturbances and so on. Q Okay, assuming that Mr. Smith had taken LSD for a considerable number of years but specifically on a daily basis and for a month prior to the crime may have taken as much as 50 hits of LSD a day prior to this crime, may have drank as many as 12 beers on the day of the crime, what is your conclusion as to any mental effects of these drugs and whether in fact his ability to perceive reality and to act in a proper ”

   1 later decision quote this exact passage · from the majority
   e.g. Smith v. McCormick

2. “That the defendant voluntarily and unhesitatingly ingested substantial quantities of alcohol on the day these crimes were committed, and numerous tablets or “hits” of LSD in the days prior thereto, does not relieve him of responsibility for his actions. They are no less reprehensible for these reasons; his victims will remain dead for as long, and their friends and families will grieve as deeply and inconsolably, as if the Defendant had consumed neither alcohol nor drugs ... As the court specifically found in March of 1983 ‘none of the offenses were committed while the defendant was under the influence of a mental or emotional disturbance but they were in fact calculated by him in advance and carried out in a cold and detached fashion while the defendant was entirely aware of the circumstances and his actions ... ’”

   1 later decision quote this exact passage · from the dissent
   e.g. Smith v. McCormick

3. “(1) The defendant has no significant history of prior criminal activity. (2) The offense was committed while the defendant was under the influence of extreme mental or emotional disturbance. (3) The defendant acted under extreme duress or under the substantial domination of another person. (4) The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired. (5) The victim was a participant in the defendant’s conduct or consented to the act. (6) The defendant was an accomplice in an offense committed by another person, and his participation was relatively minor. (7) The defendant, at the time of the commission of the crime, was less than 18 years of age. (8) Any other fact that exists in mitigation of the penalty.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Smith v. McCormick