Resendiz v. State’s Empirical Analysis

Citation profile

5 federal appellate · 35 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The [Supreme] Court ... has upheld the constitutionality of aggravating factors ranging from whether the defendant was a ‘cold-blooded, pitiless slayer,’ to whether the ‘perpetrator inflict[ed] mental anguish or physical abuse before the victim’s death,’ to whether the defendant ‘would commit criminal acts of violence that would constitute a continuing threat to society.'”

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

2. “Apprendi applies to facts that increase the penalty beyond the “prescribed statutory maximum.” Under Article 37.071, the statutory maximum is fixed at death. There are no statutory enhancements. A positive jury finding on the mitigation issue does not have the potential of increasing the penalty; rather, it has the potential to reduce a defendant’s sentence.”

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

3. “does not rebut the presumption that counsel's conduct fell within the wide range of reasonable professional assistance.”

   1 later decision quote this exact passage · from the majority
   e.g. Ex Parte McFarland