Brewer v. Lewis’s Empirical Analysis
989 F.2d 1021 · 1993
Citation profile
29 federal appellate · 5 district · 2 state decisions
How this case has been cited
Cited by 60 later decisions — most recently December 2010 · most notably Moran v. Godinez (1995), Assets of Martin T/a Nwr 93-1189 93-1201 (1993)
29 federal appellate · 5 district · 2 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. § 1651 · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Warth v. Seldin · Bell v. Hood · Whitmore v. Arkansas · Bryson Properties, XVIII v. Travelers Insurance Co. · Maggio v. Fulford
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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Here, petitioner has submitted brief affidavits of two doctors who have never met Brewer as well as an affidavit of Dr. Bay-less, who examined Brewer and found him competent in 1988. Dr. Bayless speculates, based on information not available to him at that time, that Brewer’s mental condition may have deteriorated during his incarceration, and that Brewer may now suffer from a major depressive disorder. As in Baal, this eonclusory evidence is insufficient to outweigh the substantial evidence in the record demonstrating the defendant’s competence. Within the last two and one-half months, no less than four psychological experts have personally examined and tested Brewer and found him competent.”
3 later decisions quote this exact passage · from the majoritye.g. Brewer v. Lewis · Vargas v. Lambert“The court must determine whether [the petitioner] has the capacity to appreciate his position and make a rational choice with respect to continuing or abandoning further litigation or on the other hand whether he is suffering from a mental disease, disorder, -or defect wMch may substantially affect Ms capacity in the premises.”
3 later decisions quote this exact passage · from the concurrence“Kehne has presented no 'meaningful evidence' to cast doubt on the state court's determination of competence and therefore no further evidentiary hearing was required.”
3 later decisions quote this exact passage · from the dissent
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.