237 Or. App. 377 - State v. Williams’s Empirical Analysis
2010
Citation profile
2 state decisions
Relationships
Relies on Miles v. Burgess · Eastern Publishing & Advertising, Inc. v. Chesapeake Publishing & Advertising, Inc. · Marshall-Silver Construction Co. v. Mendel · 109 S. Ct. 3234 - Perkinson v. Huffman · State v. Moen
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The offense with which this defendant is charged is aggravated murder as defined in ORS 163.095(2)(a)(E) * * *. The ultimate facts that make up that offense are clearly alleged in the indictment. To be guilty of aggravated murder one does not need to act `deliberately.' If one is guilty of aggravated murder but the jury does not unanimously find that the perpetrator acted deliberately, the guilty one is not sentenced to death but is yet guilty of aggravated murder. There is no requirement of pleading an indictment that requires the indictment to set forth possible penalties that the law may fix for guilt on a particular charge. " Id. at 172, 752 P.2d 1136 (emphasis added). Thus, the indictment in that case was sufficient to allow the jury to consider and impose the death penalty, notwithstanding that, for that penalty to be imposed, the jury was required to find that the defendant acted "deliberately”
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.