State v. Van Dyke’s Empirical Analysis

Citation profile

1 federal appellate · 23 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is true a defendant is entitled to a jury verdict based on the evidence and without regard to the possible punishment, but here, by agreement of the parties, the jury was informed that no death sentence would be rendered. It was not only proper according to the very terms of the stipulation to “instruct” the jury but necessary to direct that this stipulation was to play no part in its delibera tions. Further, it was important to let this jury know how to deal with this particular stipulation in regard to all other stipulations, (citation omitted).”

   1 later decision quote this exact passage
   e.g. State v. Walton

2. “You were instructed that if you return a verdict of guilty on the charge of First-Degree Murder, the Defendant will not be subject to the death penalty. In deciding whether the Defendant is guilty or not guilty, do not consider the possible punishment.”

   1 later decision quote this exact passage
   e.g. State v. Walton