State v. Windsor’s Empirical Analysis

Citation profile

2 federal appellate · 52 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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Whenever the death penalty is imposed this Court is required to conduct an independent review of the record to insure ... that when both the crime and the defendant are considered, a sentence of death is not excessive or disproportionate. After careful consideration of both the crime and the defendant, we conclude that the sentence of death imposed in this case was excessive and disproportionate. We therefore set aside the death sentence and remand for resentencing. ... . The concept of individualized sentencing is firmly entrenched in modern American jurisprudence. The familiar maxim that punishment should fit the crime has been broadened to provide that punishment should also fit the criminal. With this in mind, we now turn our focus to the defendant as an individual, outlining those factors in Windsor's background and character which convince us that the death penalty was excessive in this instance. We begin by noting that Windsor, unlike the majority of capital defendants, has no formal criminal record nor significant history of prior criminal activity. There is no history of violent criminal activity, nor is there an indication that Windsor possesses any propensity toward violence.”

   3 later decisions quote this exact passage
   e.g. State v. Fetterly · State v. Card

2. “The general rule that allegations and proof must correspond is based upon the obvious requirements (1) that the accused shall be definitely informed as to the charges against him, so that he may be enabled to present his defense and not be taken by surprise by the evidence offered at the trial; and (2) that he may be protected against another prosecution for the same offense.”

   3 later decisions quote this exact passage
   e.g. State v. Bernal · State v. Howell

3. “Bernal contends the instruction lessened the State's burden of proof, allowing the State to argue an expanded theory of reckless driving which surprised and embarrassed Bernal in the preparation or presentation of his defense. We agree the discrepancy between the information and Jury Instruction No. 12 created a variance which allowed the State to proceed upon an expanded theory of reckless driving. Without the variance, the State would not have been permitted to refer to the witness' discussion of reckless driving beyond Five Mile Road by stating,”

   2 later decisions quote this exact passage
   e.g. State v. Bernal · State v. Miller