State v. White’s Empirical Analysis

Citation profile

13 federal appellate · 87 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 102 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he record establishes a rational basis for the different penalties in this case. The trial judge found that defendant committed the actual killing of David. He also found no mitigating factors sufficient to warrant leniency for defendant. The court, however, did find mitigating factors sufficient to warrant leniency for Susan (no prior criminal record, kind and caring mother, death sentence would be devastating to her six-year-old daughter, potential for violence was minimal, difficult childhood, difficult marriage to Clifford Minter followed by a difficult dissolution). Moreover, the jury foreman wrote to the trial judge following the trial advising him that all twelve jurors recommended leniency for Susan.”

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

2. “[i]ncompetency should not be a ground to stay appellate proceedings " Nonetheless, the standard recognizes that a defendant's incompetency may prevent counsel from prosecuting the appeal of some issues. The standard recommends that the resolution is to provide for postconviction review after a defendant attains competency. Standard 7-5.4. 25 The American Bar Association Criminal Justice Mental Health Standards advise that mental incompetency at the time of an appeal should be cause "to permit the defendant to raise, in a later appeal or action for postconviction relief, any matter not raised on the initial appeal because of the defendant's incompetence.”

   1 later decision quote this exact passage
   e.g. 188 Wis. 2d 111 - State v. Debra A. E.

3. “the gravity of the death penalty requires that we painstakingly examine the record to determine whether it has been erroneously imposed. Furthermore, because [our statute] sets out the factors which must be found and considered by the sentencing court, we necessarily undertake an independent review of the facts that establish the presence or absence of aggravating and mitigating circumstances. We must determine for ourselves if the latter outweigh the former when we find both to be present.”

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