Taylor v. Gilmore’s Empirical Analysis

Citation profile

36 federal appellate · 4 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 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The hardship for the petitioner in this case is that even though the judge properly decided that the jury should consider a verdict of voluntary manslaughter, the jury may have been left with the false impression that it could convict the petitioner of murder even if she possessed one of the mitigating states of mind described in the voluntary manslaughter instruction. No matter which side carried the burden of proof on any particular element or defense, there can be no question that a murder verdict would have been improper if the jury had found one of the mitigating mental states. The murder instruction, in other words, read as though voluntary manslaughter did not exist as a crime.”

   3 later decisions quote this exact passage · from the dissent
   e.g. United States Ex Rel. Lynch v. Sandahl · 790 F. Supp. 1364 - United States Ex Rel. Gladney v. Peters

2. “'credible evidence in the record would support a verdict based on [the omitted] instruction.'”

   3 later decisions quote this exact passage · from the dissent
   e.g. William Simpson v. Michael v. Neal and Neil F. Hartigan · Wilson v. McCaughtry

3. “[The Johnson ] Court explained that the instructions were forbidden because they led the jury to ignore exculpatory evidence in finding the defendant guilty of murder beyond a reasonable doubt. We believe that this due process principle is specific enough to have dictated the result in Falconer.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Gilmore v. Taylor · Verdin v. O'Leary