State v. Stephenson’s Empirical Analysis

Citation profile

1 federal appellate · 19 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In conducting a comparative proportionality review, we begin with the presumption that the sentence of death is proportional with the crime of first degree murder. A sentence of death may be found disproportionate if the case being reviewed is "plainly lacking in circumstances consistent with those in similar cases in which the death penalty has previously been imposed.” A sentence of death is not disproportionate merely because the circumstances of the offense are similar to those of another offense for which a defendant has received a life sentence. Our inquiry, therefore, does not require a finding that a sentence “less than death was never imposed in a case with similar characteristics.” Our duty “is to assure that no aberrant death sentence is affirmed.””

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

2. “(A) The sentence of death was imposed in any arbitrary fashion; (B) The evidence supports the [trial court’s] finding of statutory aggravating circumstance or circumstances; (C) The evidence supports the [trial court’s] finding that the aggravating circumstance or circumstances outweigh any mitigating circumstances; and (D) The sentence of death is excessive or disproportionate to the penalty imposed in similar cases,- considering both the nature of the crime and the defendant.”

   1 later decision quote this exact passage · from the majority
   e.g. State of Tennessee v. John T. Freeland, Jr.