State v. Strong’s Empirical Analysis

Citation profile

1 federal appellate · 62 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 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) Whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor; and (2) Whether the evidence supports the jury’s or judge’s finding of a statutory aggravating circumstance as enumerated in subsection 2 of section 565.032 and any other circumstance found; (3) Whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime, the strength of the evidence and the defendant.”

   3 later decisions quote this exact passage
   e.g. State v. Tisius · State v. McFadden

2. “The essential test for admissibility of a spontaneous statement or excited utterance is neither the time nor place of its utterance but whether it was made under such circumstances as to indicate it is trustworthy. This exception is premised on the idea that where the statement is made under the immediate and uncontrolled domination of the senses as a result of the shock produced by the event, the utterance may be taken as expressing the true belief of the declar-ant.”

   2 later decisions quote this exact passage
   e.g. State v. Shelton · State v. Kemp

3. “Strong contends the computerized slide show was more prejudicial than probative because it resulted in the jury’s being “bombarded with a host of graphic, color images.” As Strong notes in his brief, the slide show depicted photographs of “Eva and Zandrea before the events in question; Eva and Zan-drea at the scene and during the autopsies; the butcher knife and [Strong’s mug shot], superimposed on the other images.” Nearly all of the photographs contained in the slide show were previously admitted, and those not admitted lacked prejudice as they merely contained innocuous photographs of the victims. “Gruesome crimes produce gruesome, yet probative, photographs, and a defendant may not escape the brutality of his own actions.” State v. Wolfe, 13 S.W.3d 248, 264 (Mo. banc 2000).”

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