237 So. 2d 445 - Capler v. State’s Empirical Analysis
1970
Citation profile
16 state decisions
How this case has been cited
Cited by 16 later decisions — most recently August 2018
16 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Witherspoon v. Illinois · McGowan v. State of Maryland Gallagher · Williams v. People of State of New York · Spencer v. State of Texas a Bell · United States v. Jackson
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Viewing the statute as here construed, the fact that a jury could impose life imprisonment in one case and death in another, or different punishments in the same case, does not result in the possibility of unequal punishment to that class of persons convicted of murder in the first degree. The legislature has a very great latitude in prescribing and fixing punishment for crime. Id. at 451 . (Emphasis added). (Quoting from State v. Latham, 190 Kan. 411 , 375 P.2d 788 (1962), cert. denied 373 U.S. 919 [ 83 S.Ct. 1310 ] 10 L.Ed.2d 418 (1963)).”
1 later decision quote this exact passage“Every person who shall be convicted of murder shall suffer death, unless the jury rendering the verdict shall fix the punishment at imprisonment in the penitentiary for the life of the convict; or unless the jury shall certify its disagreement as to the punishment as provided by section 1293 (Code of 1930; § 2536, Code of 1942) in which case the court shall fix the punishment at imprisonment for life.”
1 later decision quote this exact passage“[W]here a sentence imposed is within limits set by statute, the sentence itself is neither cruel nor unusual punishment... . ( 237 So.2d at 451 ).”
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.