Graham v. Lynaugh’s Empirical Analysis
854 F.2d 715 · 1988
Citation profile
1 federal appellate · 1 state decisions
Appellate journey
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Batson v. Kentucky · Townsend v. Sain · Lockett v. Ohio · Sumner v. Mata · Barefoot v. Estelle
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Graham has failed to overcome the presumption that the state court's findings were correct.”
2 later decisions quote this exact passage · from the concurrence“We do not suggest that this area of the law is devoid of wrinkles. The Supreme Court has recently granted certiorari in the case of Penry v. Lynaugh, 832 F.2d 915 (5th Cir.1987), cert. granted, U.S. [1233], 108 S.Ct. 2896, 101 L.Ed.2d 930 (1988). In Penry, our court closely scrutinized evidence of Penry's mental retardation and concluded that there was some doubt whether the Texas statute permitted this evidence to be considered in answering the sentencing questions. 832 F.2d at 925.”
1 later decision quote this exact passage · from the concurrencee.g. Graham v. Collins“the jury's verdict ... is consistent with the constitutional requirements outlined in Franklin and other precedents.”
1 later decision quote this exact passage · from the concurrencee.g. Graham v. Collins
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.