Geary v. State’s Empirical Analysis

Citation profile

2 district · 31 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The jury may impose a sentence of death only if: (1) The jurors find unanimously and beyond a reasonable doubt that at least one aggravating circumstance exists; (2) Each and every juror determines that the mitigating circumstance or circumstances, if any, which he or she has found do not outweigh the aggravating circumstance or circumstances; and (3) The jurors unanimously determine that in their discretion a sentence of death is appropriate.”

   2 later decisions quote this exact passage · from the majority
   e.g. Byford v. State · 804 So. 2d 1185 - Franqui v. State

2. “Members of the jury, I will now explain how you are to consider the aggravating and mitigating factors in making your sentencing determination in this case. Our law does not suggest or imply that a sentence of death is expected or appropriate for a defendant found guilty of murder in the first degree. Our law provides that a jury may not direct the imposition of a sentence of death unless, after due deliberation, the jury unanimously finds, beyond a reasonable doubt, that the aggravating factor substantially outweighs any and all mitigating factors established by the defendant, and unanimously determines that the penalty of death should be imposed. In other words, you as a jury may not direct the imposition of a sentence of death unless each of you, individually, makes the following two determinations: First, that, beyond a reasonable doubt, the aggravating factor in the case substantially outweighs any and all mitigating factors that you personally find to have been established, and second, that the penalty of death should be imposed. . . . . The process of determining whether, beyond a reasonable doubt, the aggravating factor substantially outweighs the mitigating factors is not subject to a mathematical formula. Rather, it requires an analysis and evaluation of the aggravating and mitigating factors. In order to conduct that analysis and evaluation, you must consider three questions: First, to what extent, if any, does the aggravating factor support a sentence of death for”

   1 later decision quote this exact passage · from the majority
   e.g. 804 So. 2d 1185 - Franqui v. State

3. “was committed upon one or more persons at random and without apparent motive.”

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