Cannon v. State’s Empirical Analysis

Citation profile

4 federal appellate · 25 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “On February 3, 1995, [Mr. Cannon] stabbed to death his girlfriend, Sharon-da Clark [also referred to as Sharonda White]. The contested issue at trial was whether [Mr. Cannon] stabbed Clark with malice aforethought or in self-defense. Tulsa police found Clark’s body in her apartment after Jacque Pepper contacted police when she could not locate Clark who had been missing for over twenty-four hours. Clark had been stabbed several times in the neck and chest. She also had incise wounds on her hands commonly characterized as defensive wounds. Sheena Elliott testified that she saw [Mr. Cannon] and Clark around noon on the third and that she sensed they were having an argument. Elliott tried to telephone Clark later in the afternoon to check on her, but [Mr. Cannon] told her that Clark was not there even though Elliott could hear Clark in the background. No one, except [Mr. Cannon], had contact with Clark after noon on the third. On February 4, 1995, [Mr. Cannon] borrowed money, bought a bus ticket and went to Flint, Michigan to stay with an uncle. From Michigan, [Mr. Cannon] telephoned his mother who told him Clark was dead and to turn himself in and tell police his side of the story. After convincing [Mr. Cannon] to turn himself in, [Mr. Cannon]’s mother told Tulsa police detective Tom Fultz [Mr. Cannon]’s location. Shortly thereafter, [Mr. Cannon] telephoned Detective Fultz and told him that he killed Clark in self-defense. [Mr. Cannon] was arrested shortly after his conversatio”

   1 later decision quote this exact passage
   e.g. Cannon v. Mullin

2. “Batson establishes a three (8) part analysis: 1) the defendant must make a prima facie showing that the prosecutor has exercised peremptory challenges on the basis of race; 2) after the requisite showing has been made, the burden shifts to the prosecutor to articulate a race neutral explanation related to the case for striking the juror in question; and 3) the trial court must determine whether the defendant has carried his burden of proving purposeful discrimination. As for the second requirement, the Supreme Court noted the race-neutral explanation by the prosecutor need not rise to the level justifying exeusal for cause, but it must be a "clear and reasonably specific" explanation of his "legitimate reasons" for exercising the challenges. The trial court's findings as to discriminatory intent are entitled to great deference. Our review is only for clear error by the trial court, and we review the record in the light most favorable to the trial court's ruling.”

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

3. “Opinion evidence on ultimate issues is generally admissible 12 O0.8.1991, § 2704. However, the "otherwise admissible" language of § 2704 must be read in context with 12 0.98.1991, §§ 2408, 2701, 2702. While expert witnesses can suggest the inferences which jurors should draw from the application of specialized knowledge to the facts, opinion testimony which merely tells a jury what result to reach is inadmissible. (citations and footnotes omitted)”

   1 later decision quote this exact passage
   e.g. 2000 OK CR 8 - Welch v. State