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← 2002 UT 106 - State v. Kell

State v. Kell’s Empirical Analysis

2002

Citation profile

36
cited by 36 later decisions
1
cited 1 times by the Supreme Court
2
states following
November 2025
most recently cited

1 federal appellate · 32 state decisions

How this case has been cited

Cited by 36 later decisions (1 by the Supreme Court) — most recently November 2025 · most notably Johnson v. California (2005), State v. Johnson (2017)

1 federal appellate · 32 state decisions

150200220102020decided

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 Chapman v. State of California · Rhode Island v. Innis · Witherspoon v. Illinois · Johnson v. United States · Caldwell v. Mississippi

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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “if the reviewing court finds that a constitutional error was harmless beyond a reasonable doubt, it need not reverse”
    2 later decisions quote this exact passage
  2. “A claimed violation of double jeopardy protections is 'a question of law that we review for correctness.”
    2 later decisions quote this exact passage
  3. “(1) the trial court erred ... by trying him in a courtroom located inside a prison; (2) the trial court violated his constitutional right to a fair trial by denying him an impartial jury in its rulings on voir dire; (3) the trial court erred by failing to instruct the jury on the theory of imperfect self-defense manslaughter; (4) the trial court erred by requiring jurors to view a videotape of the homicide; (5) multiple eviden-tiary errors individually and cumulatively deprived him of a fair trial; (6) the prosecutors violated his rights ... by making improper arguments to the jury; (7) the trial court erred during the penalty phase by forbidding the jury to consider mercy and sympathy as mitigating factors; (8) the victim impact evidence admitted in the penalty phase and the Utah statute that allows it[ ] are unconstitutional; (9) Section 76-5-202 of the Utah Code, which describes the aggravating factors necessary for capital murder, is unconstitutionally vague on its face; (10) the Utah death penalty statutes are unconstitutional because they do not narrow the class of death-eligible murders ...; (11) the capital sentencing proceedings were flawed; and, (12) because [Kell] had already been disciplined through the prison's disciplinary proceedings, the subsequent trial violated state and federal constitutional double jeopardy provisions.”
    1 later decision quote this exact passage

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.