Stephens v. Kemp’s Empirical Analysis
846 F.2d 642 · 1988
Citation profile
67 federal appellate · 1 district · 8 state decisions
How this case has been cited
Cited by 117 later decisions — most recently August 2023 · most notably Waters v. Thomas (1995), Horton v. Zant (1991)
67 federal appellate · 1 district · 8 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
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Brady v. State of Maryland · Warth v. Seldin · Wainwright v. Sykes · Townsend v. Sain
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 117 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The only testimony the jury heard at sentencing concerning appellant's mental history and condition, including bizarre behavior he occasionally exhibited, was that which was presented by his mother. As her testimony makes clear, many others could have testified concerning his behavior; the fact that others did not do so undoubtedly diminished the impact on the jury of the facts she described. [Footnotes omitted.]”
5 later decisions quote this exact passage · from the concurrence“'cause' for petitioner's failure to raise the ineffective assistance issue in his first state habeas petition in the fact that petitioner's trial counsel, whose effectiveness [at trial was then being] challenged, also represented him in the first state habeas proceeding.”
3 later decisions quote this exact passage · from the concurrence“the wide range of professionally competent assistance.”
2 later decisions quote this exact passage · from the concurrencee.g. Cooper v. State · Holladay v. Haley
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.