Johnny Lee Rembert v. Richard L. Dugger’s Empirical Analysis
842 F.2d 301 · 1988
Citation profile
8 federal appellate · 5 state decisions
How this case has been cited
Cited by 20 later decisions — most recently May 2013
8 federal appellate · 5 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
Relies on Beck v. Alabama · Spaziano v. Florida · Holloway v. Florida · Grant v. State · 459 So. 2d 306 - Tucker v. State
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he danger of an unwarranted death sentence ended when Rembert was given life,”
2 later decisions quote this exact passage · from the majoritye.g. Redman v. State · Creel v. Johnson“[Wjhen the evidence unquestionably establishes that the defendant is guilty of a serious, violent offense — but leaves some doubt with respect to an element that would justify conviction of a capital offense — the failure to give the jury the “third option” of convicting on a lesser included offense would seem inevitably to enhance the risk of an unwarranted conviction. Such a risk cannot be tolerated in a case in which the defendant’s life is at stake.... Thus, if the unavailability of a lesser included offense instruction enhances the risk of an unwarranted conviction, Alabama is constitutionally prohibited from withdrawing that option from the jury in a capital case.”
1 later decision quote this exact passage · from the majority“did not have before it the `third option' of convicting and sentencing Rembert for a lesser included offense of first degree murder.”
1 later decision quote this exact passage · from the majoritye.g. Redman v. State
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.