Fleming v. State’s Empirical Analysis

Citation profile

28 federal appellate · 123 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 172 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““This is the direct appeal of the conviction and death sentence of Son H. Fleming, who was convicted of the murder of Police Chief James Giddens of Ray City, Berrien County. “The state presented evidence from which the jury was entitled to find the following: “Appellant borrowed a red and white Ford car from a friend on February 11, 1976. Around 10 or 10:30 p.m. that day a grocery store in Adel (Cook County) was robbed by two black males identified as Larry Fleming (appellant’s nephew) and Henry Willis. One robber was armed with a nickel-plated .22 caliber gun. The stolen money was stuffed in a paper sack, and a carton of Kool cigarettes was also stolen. “The red and white Ford (apparently occupied by two black males) passed through Ray City shortly after the robbery, and aroused the suspicion of Chief Giddens, who had heard of the robbery over his radio. Chief Giddens pursued the car, and reported a description (including the license plate number) of it by radio. Minutes later Giddens’ police car was found abandoned by a friend with whom he had been talking prior to the pursuit. Giddens’ disappearance was reported, and at 12:30 a.m. the red and white car was stopped; its three black male occupants (appellant, his nephew, and Willis) were arrested. Giddens’ .357 magnum pistol, a nickel-plated .22 revolver, a brown sack of money, and a carton of Kool cigarettes were found in the car. “Giddens’ body was found in a pond in Lanier County. He had been shot several times. Powder bu”

   1 later decision quote this exact passage
   e.g. 560 F. Supp. 525 - Fleming v. Zant

2. “No charge on the necessity that a verdict be unanimous was requested, and none was given. Appellant complains of this for the first time on appeal. If there was any doubt as to the unanimity of the verdict, the jury could have been (but was not) polled. Absent a request for a charge on unanimity, and absent a request that the jury be polled, we will not reverse a conviction for failure to give such a charge unless it appears that the jury was in fact mislead into believing that a less than unanimous verdict would be lawful. [Cits.] There is no indication that the jury was mislead in this case.”

   1 later decision quote this exact passage
   e.g. Hanson v. State

3. “this type of remark has an unusual potential for corrupting the death sentencing process.... The jury is given the heavy burden of making the decision of whether the defendant will live or die. Comments about appellate safeguards on the death penalty suggest to the jury that they can pass the responsibility for the death sentence on to this Court. Fleming, 240 S.E.2d at 40 .”

   1 later decision quote this exact passage
   e.g. Flamer v. State