Wilson v. State’s Empirical Analysis

Citation profile

11 federal appellate · 12 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 mere fact more evidence could have been presented is not, in itself, sufficient to show counsel was deficient. Reynold’s [sic] testimony was credible and well developed. We find [Mr. Wilson] has failed to carry his burden to show either deficient performance by counsel, or prejudice from the omission of this specific evidence.”

   3 later decisions quote this exact passage · from the majority
   e.g. Wilson v. Sirmons · Wilson v. Workman

2. “[T]his Court has limited this aggravating circumstance to cases in which the State proves beyond a reasonable doubt that the murder of the victim was preceded by torture or serious physical abuse, which may include the infliction of either great physical anguish or extreme mental cruelty. “Absent evidence of conscious physical suffering of the victim prior to death, the required torture or serious physical abuse standard is not met.” As to the extreme mental cruelty prong of this aggravating circumstance, “torture creating extreme mental distress must be the result of intentional acts by the defendant. The torture must produce mental anguish in addition to that which of necessity accompanies the underlying killing. Analysis must focus on the acts of the defendant toward the victim and the level of tension created.” 63”

   2 later decisions quote this exact passage · from the majority
   e.g. Wilson v. Sirmons · Alverson v. State

3. “In this case, Wilson complains about statements from the victim’s wife stating she enjoyed cooking and ironing for the victim. This evidence is relevant to show the psychological, emotional and physical impact of the victim’s death. Wilson complains about the victim’s mother’s statements that he had just received his real estate license and had plans for the future. The victim’s mother also stated that the victim told her that he would take care of her in old age and for her not to worry about the future. These statements were relevant to show the financial and emotional impact of the crime itself on the victim’s survivors. Wilson claims that the mother’s statement was hearsay. Arguably the state•ment was not offered for the truth of the matter asserted, thus not hearsay. The statement was only offered to show that the victim’s mother believed that the victim would take care of her financially in the future. The victim’s wife testified that the victim was especially fond of Christmas holidays because he was raised in a family that did not celebrate Christmas. The victim’s mother testified that she didn’t have any problems with the victim as a child. Statements about a victim’s childhood have no relevance in victim impact evidence. We find that these comments amounted to error, but they do not rise to the level of plain error, because they did not go to the foundation of the case, or take from Wilson a right essential to his defense.”

   1 later decision quote this exact passage · from the majority
   e.g. Wilson v. Sirmons