State v. Page’s Empirical Analysis

Citation profile

1 district · 21 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The decision to preside over a case lies within the sound discretion of the trial judge.” As we have consistently stated, this Court presumes a judge was impartial absent a specific and substantial showing to the contrary. The Code of Judicial Conduct directs a judge to disqualify himself or herself where “the judge’s impartiality might reasonably be questioned” due to his or her “personal bias or prejudice concerning a party. ...” In regard to judicial bias, we have recognized that: Opinions formed by the judge on the basis of facts introduced or events occurring in the course of the current proceedings, or of prior proceedings, do not constitute a basis for a bias or partiality motion unless they display a deep-seated favoritism or antagonism that would make fair judgment impossible.”

   3 later decisions quote this exact passage
   e.g. State v. List · State v. Good Plume

2. “(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.”

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

3. “Pursuant to §§ 23A-27A-2 to 23A-27A-6, inclusive, in all cases for which the death penalty may be authorized, the judge shall consider, or shall include in instructions to the jury for it to consider, any mitigating circumstances and any of the following aggravating circumstances which may be supported by the evidence: (1) The offense was committed by a person with a prior record of conviction for a Class A or Class B felony, or the offense of murder was committed by a person who has a felony conviction for a crime of violence as defined in subdivision 22-1-2(9); (2) The defendant by the defendant's act knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which would normally be hazardous to the lives of more than one person; (3) The defendant committed the offense for the benefit of the defendant or another, for the purpose of receiving money or any other thing of monetary value; (4) The defendant committed the offense on a judicial officer, former judicial officer, prosecutor, or former prosecutor while such prosecutor, former prosecutor, judicial officer, or former judicial officer was engaged in the performance of such person's official duties or where a major part of the motivation for the offense came from the official actions of such judicial officer, former judicial officer, prosecutor, or former prosecutor; (5) The defendant caused or directed another to commit murder or committed murder as an agent or emplo”

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