State v. Jones’s Empirical Analysis

Citation profile

13 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Upon an examination of cases from other States, we find that the matter under discussion has resulted in some division among the authorities, due in part to statutory differences, and the cases are cited in annotations in 17 A.L. R. 1117 and 87 A.L.R. 1362 . In the latter annotation, at page 1366, we find the following correct analysis of the holding of our own Court in the King and Blakely cases, supra: `The view that, where the statute makes a recommendation binding on the Court, the question whether the defendant shall be recommended to the clemency of the Court is entirely within the discretion of the jury, and that any instruction, charge, or suggestion as to the cause for which the jury can or ought to recommend mercy is erroneous, and is ground for a reversal of a conviction where no recommendation is made, finds support in' these two South Carolina cases.”

   1 later decision quote this exact passage · from the majority
   e.g. The STATE v. Worthy

2. ““ * * * When one of defendant’s counsel objected to the introduction of these pictures he stated positively: ‘The defendant admits the killing;’ and further contended that the pictures were introduced for the purpose of inflaming the minds of the jurors and had no material bearing on the case. It is indeed quite clear from reading the testimony of this doctor, who explained the location and nature of the fatal wounds, that the photographs had no probative value whatever, and really added nothing to the oral testimony, although their influence would naturally be prejudicial to the defendant. Our • conclusion is that they were erroneously admitted in evidence under the facts and circumstances of this case.” •”

   1 later decision quote this exact passage · from the majority
   e.g. 40 Ala. App. 148 - Powell v. State

3. “Still we do not think that the Legislature meant that the power to recommend to mercy should be exercised arbitrarily or capriciously, or without regard to some circumstances in the case.”

   1 later decision quote this exact passage · from the majority
   e.g. The STATE v. Worthy