State v. Osborn’s Empirical Analysis

Citation profile

30 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[It] helps assure that the imposition of the sentence of death is reasoned and objective as constitutionally required. It also serves the purpose ... of making the process for imposing death rationally reviewable. On review, if the mandates of I.C. § 19-2515(d) are met, we can determine whether the lower court overlooked or ignored any raised mitigating factors, whether the evidence supports the aggravating factors found, and finally whether the court has properly weighed all factors.”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Pratt

2. “Neither do I intend to make Mr. Osborn agonize for another two or three years incommunicado on death row while the Supreme Court would review findings of fact and conclusions which I endorsed for a death sentence, which I am satisfied would not be upheld. And, for this reason, I refuse at this time to follow the mandate of the Supreme Court and make findings in mitigation. Osborn, supra, 104 Idaho at 823 , 663 P.2d at 1125 .”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Williams