Liddell v. State’s Empirical Analysis

Citation profile

46 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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The doctrine of Witherspoon and Boulden , supra, is to the effect that a simple negative answer to a general question addressed to a prospective juror, as to any `conscientious scruples' or `opposition' or `fixed opinion' against capital punishment, is insufficient to excuse such juror upon a challenge because of such belief, opposition, or fixed opinion. Such venireman must be further examined to sufficiently show that he would automatically vote against the imposition of the death penalty no matter what the evidence introduced at the trial might reveal. Otherwise it cannot be assumed such would be his position. "The court in the course of its opinion in Witherspoon , supra, enunciated its conclusion in unmistakable language as follows: "`We hold that a sentence of death cannot be carried out if the jury that imposed or recommended it was chosen by excluding veniremen for cause simply because they voiced general objections to the death penalty or expressed conscientious or religious scruples against its infliction. No defendant can constitutionally be put to death at the hands of a tribunal so selected.'"”

   3 later decisions quote this exact passage
   e.g. Beck v. State · 371 So. 2d 60 - Hill v. State

2. “"* * * In all capital cases a juror answering that he has a fixed opinion against capital punishment, cannot properly be challenged solely on the basis of such answer. He should be examined fully to determine if his feelings as to capital punishment are sufficiently strong that he would automatically refuse to impose a death sentence regardless of the evidence produced. "The trial court should further make certain that the court reporter takes full notes from which a transcription can be made of the examination of the jurors relative to qualifying them." Id., at 310 , 251 So.2d, at 612 .”

   3 later decisions quote this exact passage
   e.g. Howard v. State · 435 So. 2d 1351 - Ex Parte Dobard

3. ““Further, in Witherspoon, supra, the court made it clear, in footnote 22 to the opinion, that the doctrine was to apply retroactively. "After Remandment “However, in the hearing below it was shown that the juror Herman Williams had died prior to the hearing. “Regardless of what might be our views, we are bound by the decisions of the Supreme Court of the United States on matters involving federal questions. Howard v. Davis, 209 Ala. 113 , 95 So. 354 ; State v. Curran, 220 Ala. 4 , 124 So. 909 ; Opinion of the Justices, 278 Ala. 412 ; 178 So.2d 641 . “Regardless of our views as to the soundness of the Witherspoon doctrine, we are bound thereby, and must perforce reverse the judgment in this case because of the exclusion of the juror Herman Williams.””

   2 later decisions quote this exact passage
   e.g. Ex Parte Bracewell · Billingsley v. State