Harris v. Vasquez’s Empirical Analysis
913 F.2d 606 · 1990
Citation profile
19 federal appellate · 3 state decisions
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 · Gideon v. Wainwright · Younger v. Harris · Wainwright v. Sykes
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Q (Ryan) And in your opinion that person [an antisocial personality] would not show remorse? A (Griswold) Well, it doesn’t hold true ironclad to all such individuals, but it is one of the typical characteristics, yes. Q And you can’t say, can you, Doctor, whether or not Robert Harris feels remorse for these crimes. A Not precisely, no. Q You haven’t examined him since July 7th, have you, or July 6th. A No, I have not. Q Have you observed his testimony here in this courtroom? A No, I have not. Q So you venture no opinion as to whether or not he is remorseful at this time? A No opinion except that I would doubt it very much. Q You doubt it very much because you diagnosed him as an antisocial personality? A That is true. Q But you have told us that an antisocial person can feel remorse; is that not true?”
2 later decisions quote this exact passage · from the majority“A. The accused was, at the time of the alleged offense, so far free from mental defect, disease or derangement, as to be able, concerning the particular act charged, to distinguish right from wrong. B. The accused was, at the time of the alleged offense, so far free from mental defect, disease or derangement, as to be able, concerning the particular act charged, to adhere to the right. C. The accused does possess sufficient mental capacity to understand the nature of the proceedings against him and to cooperate intelligently in his own defense.”
2 later decisions quote this exact passage · from the majority“Your Honor, I might also say I would like an opportunity to present these reports to the psychiatrist that I retained some time ago and who I provided with as much material as I had as to Mr. Harris’s background. I haven’t decided yet whether I am going to call a psychiatrist but I would like to have him have an opportunity to take a look at these reports.”
2 later decisions quote this exact passage · from the majority
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.