Johnson v. Dugger’s Empirical Analysis
911 F.2d 440 · 1990
Citation profile
8 federal appellate · 3 state decisions
How this case has been cited
Cited by 21 later decisions — most recently July 2015
8 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. § 2244 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Jackson v. Virginia · Neil v. Biggers · 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Johnson v. Dugger, 911 F.2d at 468 (emphasis omitted). Asking the wrong question necessarily begets the wrong answer. When a defendant is eligible for the death penalty (by virtue of having committed first-degree murder accompanied by at least one statutory aggravating circumstance), it is nearly impossible to determine that the sentencing body's ultimate conclusion that imprisonment is more appropriate than the death penalty (or vice versa ) is”
1 later decision quote this exact passage · from the concurrence“See Johnson v. Dugger, 911 F.2d at 475. First, even assuming arguendo that the sentencing attorneys did not exercise reasonable professional judgment in failing to apprise Dr. Yarbrough adequately regarding Johnson's prior involvement with drugs, or to pursue this theory after the jury recommended life, it seems odd to say that the error”
1 later decision quote this exact passage · from the dissent“of the death penalty only if the process by which he received that sentence is absolutely free from any omissions or presentations of fact that probably influenced the sentencing body's exercise of discretion. Conversely, a petitioner is actually innocent of the death penalty, according to the panel majority, if any”
1 later decision quote this exact passage · from the concurrence
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.