Fetterly v. Paskett’s Empirical Analysis
997 F.2d 1295 · 1993
Citation profile
48 federal appellate · 3 district ·
How this case has been cited
Cited by 80 later decisions — most recently September 2011 · most notably Williams v. Calderon (1995), Siripongs v. Calderon (1994)
48 federal appellate · 3 district ·
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 21 U.S.C. § 848 (§ 408 of the Controlled Substances Act) · 28 U.S.C. § 2243 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Coleman v. Thompson · Gregg v. Georgia · Teague v. Lane · Murray v. Carrier · Furman v. Georgia
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 80 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“There is, of course, nothing in the Constitution of the United States that requires Idaho's legislature to approach balancing as it has done in [the state statute]. However, the failure of a state to abide by its own statutory commands may implicate a liberty interest protected by the Fourteenth Amendment against arbitrary deprivation by a state.”
5 later decisions quote this exact passage · from the concurrence“Where ... a State has provided for the imposition of criminal punishment in the discretion of the trial jury, it is not correct to say that the defendant’s interest in that discretion is merely a matter of state procedural law. The defendant in such a case has a substantial and legitimate expectation that he will be deprived of his liberty only to the extent determined by the jury in the exercise of its statutory discretion, ... and that liberty interest is one that the Fourteenth Amendment preserves against arbitrary deprivation by the state.”
1 later decision quote this exact passage · from the concurrencee.g. Lambright v. Stewart“[p]art of the requirement of reliability is “that the reasons present in one case will reach a similar result to that reached under similar circumstances in another case.” Because Fetterly may not have been sentenced to death as prescribed by [Idaho law], this goal of similar sentences in similar cases may not have been met. If the sentencing judge did not follow Idaho’s statutory procedures in Fetterly’s case, others similarly sentenced in Idaho have been and will necessarily be treated differently. ...”
1 later decision quote this exact passage · from the concurrencee.g. Ceja v. Stewart
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.