Cooey v. Coyle’s Empirical Analysis

Citation profile

20 federal appellate · 3 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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The court of appeals and the supreme court shall review the judgment in the case and the sentence of death imposed by the court or panel of three judges in the same manner that they review other criminal cases, except that they shall review and independently weigh all of the facts and other evidence disclosed in the record in the case and consider the offense and the offender to determine whether the aggravating circumstances the offender was found guilty of committing outweigh the mitigating factors in the case, and whether the sentence of death is appropriate.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Baston v. Bagley · 531 F. Supp. 2d 845 - Moore v. Mitchell

2. “Any other factors that are relevant to the issue of whether the offender should be sentenced to death”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Hicks v. Collins · 531 F. Supp. 2d 845 - Moore v. Mitchell

3. “We find this argument meritless. Mr. Cooey makes no showing that any Ohio court has ever used evidence presented for mitigation under § 2929.04(B)(7) as evidence of an aggravating factor instead. He certainly cannot show that such a thing happened in his case, because it did not. Moreover, even if Section 2929.04(B)(7) really has the potential claimed for it by Mr. Cooey, there is no reason to think that is a constitutional violation.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 531 F. Supp. 2d 845 - Moore v. Mitchell