State v. Spain’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In Walton , five justices agreed the Arizona death penalty statute did not create an unconstitutional presumption in favor of the death penalty. The statute at issue in Walton required imposition of the sentence of death if any aggravating circumstances were established and there were “ ‘no mitigating circumstances sufficiently substantial’ ” to warrant leniency. [Citations omitted.] Although the language cho sen by the Arizona Legislature does not include the terms ‘weigh’ or ‘outweigh,’ what the statute prescribes is a weighing process that results in imposition of the death penalty if the mitigating circumstances are not of sufficient weight to tip the balance toward leniency. “As previously noted, the Colorado Supreme Court interpreted its own constitutional provisions to grant greater protection than the comparable United States constitutional provision. Thus, Walton was not controlling. In contrast, this court has never extended greater protection to our citizens beyond the federal guarantees. [Citation omitted.]” (Emphasis added.) 269 Kan. at 59 .”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Kleypas

2. ““If the court finds that one or more of the aggravating circumstances enumerated in K.S.A. 21-4636 and amendments thereto exist and, further, that the existence of such aggravating circumstances is not outweighed by any mitigating circumstances which are found to exist, the defendant shall be sentenced pursuant to K.S.A. 21-4638 and amendments thereto.””

   1 later decision quote this exact passage · from the majority
   e.g. State v. Saiz

3. “[t]he trial court's weighing of the aggravating and mitigating circumstances is within its sound discretion and will not be disturbed on appeal absent an abuse of discretion.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Deiterman