Hooks v. State’s Empirical Analysis
2001
Citation profile
8 federal appellate · 22 state decisions
How this case has been cited
Cited by 35 later decisions — most recently March 2023 · most notably Neill v. Gibson (2001), Duckett v. Mullin (2002)
8 federal appellate · 22 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Strickland v. Washington · Chapman v. State of California · Chambers v. Mississippi · Washington v. Davis · Donnelly v. DeChristoforo
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“whether counsel fulfilled the function of making the adversarial testing process work.”
10 later decisions quote this exact passage“[P]rosecutorial misconduct in the second stage infected the sentencing proceeding with unfairness and deprived Hooks of a fair sentencing hearing. The second stage argument was especially egregious, as the misstatements of law, combined with errors in instruction ..., suggested that a hung jury was somehow illegal. This may have led to a misconception among the majority of Hooks’s jurors.... We have repeatedly condemned the Oklahoma County District Attorney's reliance on improper argument. ... In addition to our warnings, federal reviewing courts have also repeatedly condemned Mr. Macy and prosecutors from his office for their habitual misconduct in argument. This Court has let this flagrant disregard of our rulings pass too long. The second stage argument here contained several comments the prosecutors knew to be error, included for the purpose of inflaming the jury's passions and encouraging a sentencing verdict based on passion or prejudice rather than the evidence. The errors in argument, combined with the errors in instructing the deadlocked jury, prejudiced Hooks’s ability to receive a fair sentencing hearing. I believe the misstatements of law regarding jury nullification deprived Hooks of his right to a properly instructed capital jury, and ought to result in relief even if the other comments did not render the proceedings as a whole fundamentally unfair.”
2 later decisions quote this exact passage · from the concurrence“I agree that failure of a prosecutor to adhere to rulings of this Court in the scope and type of closing argument as has been discussed and ruled upon in the opinions of this Court is a breach of professional conduct. If this Court, or members of the Court, believe a[sic] “egregious” breach of duty has been performed by an attorney then it is incumbent on us to refer the matter for proper bar discipline. While I find some of the argument inappropriate and unwarranted, I cannot find any error which would require relief in this case.”
1 later decision quote this exact passage · from the dissente.g. Hooks v. Workman
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.