State v. Christensen’s Empirical Analysis

Citation profile

29 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"It is the jury and the jury alone which can determine the penalty, regardless of the attitude of counsel or court. That being the law, it becomes the clear duty of the trial court to so advise the jury and to submit for its determination the question of penalty in the event a verdict of murder in the first degree is returned."”

   3 later decisions quote this exact passage · from the majority
   e.g. Christensen v. State · Smith v. State

2. ““By providing that a jury ‘finding a person guilty of murder in the first degree’ (in cases of felony murder) ‘may, as a part of its verdict, recommend that the defendant be imprisoned for the term of his natural life,’ the Legislature has plainly said that the jury must determine two matters: First, whether the accused is guilty of the crime charged; second, whether the sentence shall be death or whether the trial judge may pronounce a sentence of life imprisonment. Both questions must be determined by the jury and the jury’s answer to both questions must be embodied in its verdict. * * * [E]ach juror should know that he is one of the twelve judges who shall decide what the verdict shall be in all its parts. Until the twelve judges have agreed on every part of the verdict, they have not agreed on any verdict.””

   2 later decisions quote this exact passage · from the majority
   e.g. Christensen v. State · Jones v. People

3. ““If there is a jury trial the jury shall determine which punishment shall be inflicted.” (Our emphasis.)”

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