Tafero v. Dugger’s Empirical Analysis

Citation profile

9 federal appellate · 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We must consider whether 'the alleged constitutional error [either] precluded the development of true facts [or] resulted in the admission of false ones.' " Tafero v. Dugger, 873 F.2d 249 , 251 (11th Cir.1989), cert. denied, --- U.S. ----, 110 S.Ct. 1834, 108 L.Ed.2d 962 (1990); Ritter v. Thigpen, 828 F.2d 662 , 666 (11th Cir.1987). This standard is premised upon the same considerations that underlie the "fundamental miscarriage of justice”

   1 later decision quote this exact passage · from the majority
   e.g. Johnson v. Dugger

2. “parallels the situation in Clark v. Dugger. Tafero’s counsel, like the Clark defendant’s counsel, purposely presented no non-statutory mitigating evidence_ The Clark court held that any Hitchcock error was harmless because of the defendant’s counsel’s failure to present non-statutory mitigating evidence. Likewise, we conclude that any Hitchcock error by Tafero’s counsel was harmless.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Gore v. Dugger

3. “No authority has been furnished for this proposition and it seems doubtful that any exists. The State’s theory, in practice, would do away with the requirement of an individualized sentencing determination in cases where there are many aggravating circumstances. It is this requirement, of course, that is at the heart of Lockett and its progeny.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Gore v. Dugger