State v. Short’s Empirical Analysis

Citation profile

310 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 310 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The purpose of allocution is to permit the defendant to speak on his own behalf or present any information in mitigation of punishment.”

   5 later decisions quote this exact passage
   e.g. State v. Wesley · State v. Cunningham

2. “address the defendant personally and ask if he or she wishes to make a statement on his or her behalf -8- Butler CA2017-03-034 or present any information in mitigation of punishment.”

   3 later decisions quote this exact passage
   e.g. State v. Wesley · State v. Cunningham

3. “[p]resentation of any mitigating evidence during either the guilt phase or the penalty phase of a capital-murder trial relieves the trial court of the duty to conduct an Ashworth inquiry.”

   1 later decision quote this exact passage
   e.g. 153 Ohio St. 3d 422 - State v. Clinton