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← 237 CALRPTR3D 793 - People v. Powell

People v. Powell’s Empirical Analysis

2018

Citation profile

1
cited by 1 later decisions
1
states following
May 2019
most recently cited

1 state decisions

Relationships

Relies on Apprendi v. New Jersey · Bruton v. United States · Griffin v. California · Lockett v. Ohio · Payne v. Tennessee

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

  1. “' " ( People v. Edwards (2013) 57 Cal.4th 658 , 766 [ 161 Cal.Rptr.3d 191 , 306 P.3d 1049 ] ; accord, People v. Linton [2013] 56 Cal.4th [1146,] 1216 [ 158 Cal.Rptr.3d 521 , 302 P.3d 927 ].) "There is no constitutional requirement that the jury be instructed regarding which of the statutory factors in [Penal Code] section 190.3 are aggravating, which are mitigating, and which could be either aggravating or mitigating.”
    1 later decision quote this exact passage
  2. “'The jury may properly consider evidence of unadjudicated criminal activity under [Penal Code] section 190.3, factor (b) ( People v. Whisenhunt [ (2008) ] 44 Cal.4th [174,] 228 [ 79 Cal.Rptr.3d 125 , 186 P.3d 496 ] ), [and] jury unanimity regarding such conduct is not required [citation].' ( People v. Lee (2011) 51 Cal.4th 620 , 653 [ 122 Cal.Rptr.3d 117 , 248 P.3d 651 ] ).”
    1 later decision quote this exact passage
  3. “certain mitigating factors were present did not impermissibly invite the jury to aggravate the sentence upon the basis of nonexistent or irrational aggravating factors.'”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.