Lenz v. Commonwealth’s Empirical Analysis

Citation profile

2 federal appellate · 59 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 74 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In cases of trial by jury, evidence may be presented as to any matter which the court deems relevant to sentence, except that reports under the provisions of § 19.2-299, or under any rule of court, shall not be admitted into evidence. “Evidence which may be admissible, subject to the rules of evidence governing admissibility, may include the circumstances surrounding the offense, the history and background of the defendant, and any other facts in mitigation of the offense. Facts in mitigation may include, but shall not be limited to, the following: (i) the defendant has no significant history of prior criminal activity, (ii) the capital felony was committed while the defendant was under the influence of extreme mental or emotional disturbance, (iii) the victim was a participant in the defendant’s conduct or consented to the act, (iv) at the time of the commission of the capital felony, the capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was significantly impaired, (v) the age of the defendant at the time of the commission of the capital offense or (vi) mental retardation of the defendant.””

   2 later decisions quote this exact passage · from the majority
   e.g. Remington v. Commonwealth · Powell v. Com.

2. “was outrageously or wantonly vile, horrible or inhuman.”

   2 later decisions quote this exact passage · from the majority
   e.g. Powell v. Com. · Lenz v. Washington

3. “examined records in all capital murder cases previously reviewed by this Court when, as here, the death penalty was imposed based upon Code [section] 18.2-31(3), the capital murder of an inmate while the defendant was confined in a state or local correctional facility. Additionally, we have examined the records in all capital murder cases previously reviewed by this Court when the sentence of death was based upon aggravated battery, vileness, and future dangerousness and the victim died as a result of multiple stabbings.”

   1 later decision quote this exact passage · from the majority
   e.g. 370 F. Supp. 2d 446 - Lenz v. True