Demps v. Dugger ex rel. Department of Corrections’s Empirical Analysis
874 F.2d 1385 · 1989
Citation profile
21 federal appellate · 3 state decisions
How this case has been cited
Cited by 36 later decisions — most recently January 2016 · most notably Marek v. Singletary (1995), State v. Roper (1991)
21 federal appellate · 3 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 · Chapman v. State of California · Furman v. Georgia · Lockett v. Ohio
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“I deem it an inappropriate function for a federal court to weigh nonstatutory mitigating evidence against aggravating circumstances and decide whether a petitioner should get the death penalty as an alternative to a resentencing hearing. That is an invasion of the separate states’ rights and obligations for their courts to insure appropriate sentencing in death penalty cases. ... If there is credible evidence demonstrated by the petitioner, we should return the case to the state court for resentencing.”
1 later decision quote this exact passage · from the dissente.g. Gore v. Dugger“A second or successive petition may be dismissed if the judge finds that it fails to allege new or different grounds for relief and the prior determination was on the merits or, if new and different grounds are alleged, the judge finds that the failure of the petitioner to assert those grounds in a prior petition constituted an abuse of the writ.”
1 later decision quote this exact passage · from the majority“the court must determine beyond a reasonable doubt that the proposed mitigating evidence ... would not have influenced the jury to recommend [or the trial judge to impose] a life sentence.”
1 later decision quote this exact passage · from the majoritye.g. Booker v. Dugger
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.