State v. Marsh’s Empirical Analysis
2004
Citation profile
2 federal appellate · 108 state decisions
How this case has been cited
Cited by 120 later decisions (10 by the Supreme Court) — most recently February 2025 · most notably Roper Superintendent Potosi Correctional Center v. Simmons (2005), Kansas v. Marsh (2006)
2 federal appellate · 108 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
Applies 18 U.S.C. § 4001
Relies on Apprendi v. New Jersey · Chapman v. State of California · Almendarez-Torres v. United States · Davis v. Alaska · Gregg v. Georgia
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 120 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“we should be highly skeptical of reversing an earlier decision where nothing has changed except the composition of the court.”
3 later decisions quote this exact passage · from the dissente.g. State v. N.R. · In re N.E.“If, by unanimous vote, the jury finds beyond a reasonable doubt that one or more of the aggravating circumstances enumerated in K.S.A. 21-4625 . . . 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 to death; otherwise, the defendant shall be sentenced as provided by law.”
1 later decision quote this exact passage · from the majority“'The application of stare decisis ensures stability and continuity—demonstrating a continuing legitimacy of judicial review. Judicial adherence to constitutional precedent ensures that all branches of government, including the judicial branch, are bound by law.'”
1 later decision quote this exact passage · from the majoritye.g. State v. Davidson
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.