State v. Jackson’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In the case at bar, * * * the fact pattern is factually the same as that in Roberts. The record before us establishes that the same drafting procedures involving the sentencing entry that occurred in Roberts took place in the instant matter. * * * Based on the Supreme Court of Ohio’s holding in Roberts, appellant is entitled to the same relief afforded to his co-defendant. Thus, the trial judge must personally review and evaluate the appropriateness of the death penalty, prepare an entirely new sentencing entry as required by R.C. 2929.03(F), and conduct whatever other proceedings are required by law and consistent with this opinion.”

   2 later decisions quote this exact passage · from the dissent
   e.g. State v. Lorraine · State v. Jackson (Slip Opinion)

2. “My decision that the trial judge should conduct a new sentencing hearing is based, in large measure, upon the representations made to the Supreme Court of Ohio by the trial judge. More than one affidavit to disqualify the trial judge was filed in this case. In November 2006, the trial judge filed an affidavit in response, opposing disqualification. In that affidavit, the trial judge acknowledged doing the same thing in this case that he did in State v. Roberts, 110 Ohio St.3d 71 , 2006-Ohio-3665 , 850 N.E.2d 1168 , wherein the trial judge was ordered to conduct a new sentencing hearing. * * * [[Image here]] Because he acknowledged doing the same thing that resulted in prejudicial error in the Roberts case, the trial judge conceded prejudicial error in Jackson’s case. And, by opposing disqualification, the trial judge implicitly represented that he could remain on the case for purposes of curing that error. Given the circumstances, it would appear that the trial judge recognized that he would be required to do the same thing he was ordered to do in Roberts, regardless of the nature of the proceedings (whether postconviction or direct appeal), if he were permitted to remain on the case.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Jackson (Slip Opinion)

3. “Motion for New Trial and/or Sentencing Hearing.”

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