State v. Piper’s Empirical Analysis

Citation profile

2 federal appellate · 28 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1)Whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor; and (2) Whether the evidence supports the jury’s ... finding of a statutory aggravating circumstance as enumerated in § 23A-27A-1; and (3) Whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant.”

   3 later decisions quote this exact passage
   e.g. State v. Robert · State v. Berget

2. “This Court’s previous decisions have acknowledged that our analysis of similar cases under SDCL 23A-27A-12(3) compares cases involving a capital sentencing proceeding, whether life imprisonment or a death sentence was imposed. “Because the aim of proportionality review is to ascertain what other capital sentencing authorities have done with similar capital murder offenses, the only cases that could be deemed similar are those in which imposition of the death penalty was properly before the sentencing authority for determination.””

   2 later decisions quote this exact passage
   e.g. State v. Robert · State v. Berget

3. “[¶ 137.] SDCL 23A-27A-14 provides: In the event the death penalty for a Class A felony is held to be unconstitutional by the South Dakota Supreme Court or the United States Supreme Court, the court having jurisdiction over a person previously sentenced to death for a Class A felony shall have such person brought before the court, and the court shall sentence such person to life imprisonment. [¶ 138.] 2. Piper and Page’s death sentences were grossly disproportionate in comparison to Hoadley’s life sentence. 28”

   2 later decisions quote this exact passage
   e.g. Piper v. Weber · State v. Page