Hanson v. State’s Empirical Analysis

Citation profile

2 federal appellate · 24 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]e evaluate the alleged misconduct within the context of the entire trial, considering not only the propriety of the prosecutor's actions, but also the strength of the evidence against the defendant and the corresponding arguments of defense counsel.”

   7 later decisions quote this exact passage
   e.g. TAFOLLA v. STATE · CHADWELL v. STATE

2. “1. Trial counsel provided ineffective assistance by failing to call Ahmod Henry 5 as a witness; 2. Trial counsel provided ineffective assistance by failing to raise all available objections to Barnes’s testimony; 3. Trial counsel provided ineffective assistance by failing to object to prose-cutorial misconduct; 4. Trial counsel provided ineffective assistance by failing to call available mitigating witnesses; 5. Appellate counsel provided ineffective assistance by failing to argue that trial counsel was ineffective for failing to bring forward mitigation evidence of Hanson’s mental illness and brain damage; and 6. Appellate counsel provided ineffective assistance by failing to argue that trial counsel was ineffective for failing to challenge the government’s failure to specify the predicate crime supporting the avoid-arrest aggravator.”

   1 later decision quote this exact passage
   e.g. Hanson v. Sherrod

3. “The risk to another person necessary to support this ["great risk of death"] aggravating cireumstance does not exist under the unusual facts in this case.... There is undoubtedly a connection between the two murders: but for the kidnapping of Bowles, Thurman would not have witnessed the crime and been murdered. Our case law, however, requires more.... It was uncontested that Miller shot Thurman after Thurman saw them with Bowles. They drove to another location a short distance away and Hanson shot Bowles in the roadside ditch. At the time Hanson was engaged in the act of shooting Bowles, [however,] Thurman was not in jeopardy from that act.”

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