State v. Jimenez’s Empirical Analysis

Citation profile

2 federal appellate · 20 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The defendant may raise the issue of mental retardation during the guilt phase of the trial to negate an element of the crime, for example, to demonstrate the absence of intent to “purposely cause[ ] death or serious bodily injury resulting in death.” N.J.S.A. 2C:ll-3a. If the jury decides that the defendant is guilty, despite any defenses he or she may raise, it then considers whether a statutory capital trigger exists beyond a reasonable doubt. If the answer is no, the defendant is sentenced to a term of imprisonment. If the answer is yes, the defendant will have an opportunity to demonstrate to the jury, by a preponderance of the evidence, that he or she is mentally retarded. If the jury finds that the defendant has met his or her burden, in this instance also, the defendant will be sentenced to a term of imprisonment. If the defendant does not meet his or her burden, a penalty-phase trial will be held and the jury must determine whether the aggravating factors outweigh the mitigating factors beyond a reasonable doubt. The defendant may at that point again present evidence of mental retardation as mitigation weighing against the death penalty. [ Id at 408-09, 908 A.2d 181 .]”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Jimenez

2. “[elvery state that has addressed the issue has found that the defendant should bear the burden of proof on an Atkins claim”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Maestas

3. “the defendant to prove mental retardation”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Maestas