Lockhart v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The Alabama Supreme Court has stated: " 'In Booth v. Maryland , 482 U.S. 496 , 502[, 107 S.Ct. 2529 , 96 L.Ed.2d 440 ] (1987), the United States Supreme Court held that a defendant's Eighth Amendment rights were violated by the sentencing authority's consideration of any victim-impact evidence. In Payne v. Tennessee , 501 U.S. 808 [, 111 S.Ct. 2597 , 115 L.Ed.2d 720 ] (1991), the United States Supreme Court partially overruled Booth to allow the sentencing authority to consider evidence of the effect of the victim's death upon family and friends. Payne , 501 U.S. at 830 n. 2 ("Our holding today is limited to the holdings of [ Booth ] ... that evidence and argument relating to the victim and the impact of the victim's death on the victim's family are inadmissible at a capital sentencing hearing.").' " Ex parte Washington , 106 So.3d 441 , 445 (Ala. 2011). "The Alabama Supreme Court has further stated that a trial court errs if it 'consider[s] the portions of the victim impact statements wherein the victim's family members offered their characterizations or opinions of the defendant, the crime, or the appropriate punishment.' Ex parte McWilliams , 640 So.2d 1015 , 1017 (Ala. 1993). However, in Ex parte Land , 678 So.2d 224 (Ala. 1996), the Alabama Supreme Court found that it was not plain error for the trial court when considering sentencing, to read letters from members of the victim's family and from members of the defendant's family, some of which expressed opinions as to t”

   1 later decision quote this exact passage · from the concurrence
   e.g. Henderson v. State

2. “'In Booth v. Maryland , 482 U.S. 496 , 502[, 107 S.Ct. 2529 , 96 L.Ed.2d 440 ] (1987), the United States Supreme Court held that a defendant's Eighth Amendment rights were violated by the sentencing authority's consideration of any victim-impact evidence. In Payne v. Tennessee , 501 U.S. 808 [, 111 S.Ct. 2597 , 115 L.Ed.2d 720 ] (1991), the United States Supreme Court partially overruled Booth to allow the sentencing authority to consider evidence of the effect of the victim's death upon family and friends. Payne , 501 U.S. at 830 n. 2 (”

   1 later decision quote this exact passage · from the concurrence
   e.g. Henderson v. State

3. “"In deciding upon the sentence, the trial court shall determine whether the aggravating circumstances it finds to exist outweigh the mitigating circumstances it finds to exist, and in doing so the trial court shall consider the recommendation of the jury contained in its advisory verdict, unless such a verdict has been waived pursuant to Section 13A-5-46(a) or Section 13A-5-46(g). While the jury's recommendation concerning sentence shall be given consideration, it is not binding upon the court."”

   1 later decision quote this exact passage · from the concurrence
   e.g. Henderson v. State