State v. Sheppard’s Empirical Analysis

Citation profile

5 federal appellate · 52 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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. Petitioner’s convictions and sentence are void or voidable because the Court, in violation of the Fourteenth [A]mendment to the United States Constitution and Section 16, Article I of the Ohio Constitution failed to maintain a complete record of all proceedings. 2. Petitioner’s convictions and sentence are void or voidable because the Court, in violation of the Fifth, Sixth and Fourteenth Amendments to the United States Constitution and Sections 5, 10 and 16, Article I of the Ohio Constitution failed to conduct a public trial by jury for the accused. 8. Petitioner’s convictions and sentence are void or voidable because the Court, in violation of the Fifth, Sixth and Fourteenth Amendments to the United States Constitution and Sections 5, 10 and 16, Article I of the Ohio Constitution failed to conduct a public trial by jury for the accused. [Sic] 4. Petitioner’s convictions and sentence are void or voidable because the [petitioner was denied effective assistance of counsel, in violation of the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution and Sections 5, 10 and 16, Article I of the Ohio Constitution. 5. The warden having custody of Petitioner Sheppard has not given notice to a judge of the court of common pleas of the county in which the [petitioner is confined that Petitioner Sheppard appears to be insane.”

   1 later decision quote this exact passage
   e.g. 604 F. Supp. 2d 1003 - Sheppard v. Bagley

2. “More troublesome, however, is the prosecutor’s argument asserting that the defense was underhanded by not entering a plea of not guilty by reason of insanity. The appellant was free to enter whatever plea he wished and cannot be chastised for doing so. Landrum, 53 Ohio St.3d at 110, 559 N.E.2d at 717. Also, Dr. Smalldon’s testimony setting forth an R.C. 2929.04(B)(3) mitigating factor did not justify an insanity plea, nor was that testimony admissible in the trial phase. State v. Cooey (1989), 46 Ohio St.3d 20 , 544 N.E.2d 895 , paragraph one of the syllabus. Nonetheless, this court’s independent sentence assessment cures the effect of this sentencing error. Landrum, 53 Ohio St.3d at 124-126, 559 N.E.2d at 729-730.”

   1 later decision quote this exact passage
   e.g. 604 F. Supp. 2d 1003 - Sheppard v. Bagley

3. “Although appellant’s father died when he was four, and his mother struggled with her own illnesses and limited financial resources, the family was religious and a close, loving family. The family received help from a social worker, and this social worker was extremely close to the family, visiting at least weekly for more than ten years. Appellant was described as a well-behaved boy with good manners. Generally he received good grades in school and was active in school sports. Because the mother was concerned about bad influences, she moved the family back to Cincinnati in 1992. We find that appellant’s family background offers little by way of mitigation.”

   1 later decision quote this exact passage
   e.g. 604 F. Supp. 2d 1003 - Sheppard v. Bagley