Howell v. State’s Empirical Analysis

Citation profile

6 federal appellate · 19 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]ere we to apply the statute's 'clear and convincing' standard in light of the newly declared constitutional right against the execution of the mentally retarded, the statute would be unconstitutional. ... [Because] the risk to the petitioner of an erroneous outcome is dire, as he would face the death penalty, while the risk to the State is comparatively modest. ... The balance, under these circumstances, weighs in favor of the petitioner and justifies applying a preponderance of evidence standard at the hearing.”

   2 later decisions quote this exact passage · from the majority
   e.g. Raulerson v. Warden · Reid v. State

2. ““Mental retardation” means substantial limitations in functioning: (A) As shown by significantly sub-average intellectual functioning that exists concurrently with related limitations in two (2) or more of the following adaptive skill areas: communication, self-care, home living, social skills, community use, self-direction, health and safety, functional academics, leisure, and work; and (B) That are manifested before eighteen (18) years of age.”

   2 later decisions quote this exact passage · from the majority
   e.g. COLEMEN v. State · State v. Strode

3. “As in Burford, Williams, and Seals , the petitioner in this case has been confronted with circumstances beyond his control which prevented him from previously challenging his conviction and sentence on constitutional grounds. For these reasons, we find the petitioner's individual interests to outweigh those of the state under the specific facts of this capital case.”

   2 later decisions quote this exact passage · from the majority
   e.g. COLEMEN v. State · Coleman v. State