Tichnell v. State’s Empirical Analysis
1981
Citation profile
3 federal appellate · 39 state decisions
How this case has been cited
Cited by 44 later decisions (2 by the Supreme Court) — most recently August 2021 · most notably Johnson v. State (1985), Hunt v. State (1990)
3 federal appellate · 39 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
Relies on Davis v. Alaska · Ohio v. Roberts · Pointer v. Texas · California v. Green · Williams v. People of State of New York
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"To persuade the jury to impose a life rather than a death sentence, Tichnell wanted to convince it that the mitigating circumstances outweighed the aggravating circumstances. The heart of Tichnell’s case before the sentencing jury was that he shot Deputy Livengood in self-defense at point-blank range as the two men struggled at the open door of Tichnell’s car.””
2 later decisions quote this exact passage · from the majority“"(d) Consideration of aggravating circumstances. — In determining the sentence, the court or jury, as the case may be, shall first consider whether, beyond a reasonable doubt, any of the following aggravating circumstances exist: * * * * * V? "(f) Finding that no aggravating circumstances exist. — If the court or jury does not find, beyond a reasonable doubt, that one or more of these aggravating circumstances exist, it shall state that conclusion in writing, and the sentence shall be imprisonment for life. "(g) Consideration of mitigating circumstances. — If the court or jury finds, beyond a reasonable doubt, that one or more of these aggravating circumstances exist, it shall then consider whether, based upon a preponderance of the evidence, any of the following mitigating circumstances exist: * Vi * it it * "(8) Any other facts which the jury or the court specifically sets forth in writing that it finds as mitigating circumstances in the case. "(h) Weighing mitigating and aggravating circumstances. — (1) If the court or jury finds that one or more of these mitigating circum stances exist, it shall determine whether, by a preponderance of the evidence, the mitigating circumstances outweigh the aggravating circumstances. "(2) If it finds that the mitigating circumstances do not outweigh the aggravating circumstances, the sentence shall be death. "(3) If it finds that the mitigating circumstances outweigh the aggravating circumstances, the sentence shall be imprisonment for li”
1 later decision quote this exact passage · from the majoritye.g. Foster v. State“"(i) Evidence relating to any mitigating circumstance listed in subsection (g); (ii) Evidence relating to any aggravating circumstance listed in subsection (d) of which the State had notified the defendant pursuant to § 412 (b); (iii) Evidence of any prior criminal convictions, pleas of guilty or nolo contendere, or the absence of such prior convictions or pleas, to the same extent admissible in other sentencing procedures; (iv) Any presentence investigation report. However, any recommendation as to sentence contained in the report is not admissible; and (v) Any other evidence that the court deems of probative value and relevant to sentence, provided the defendant is accorded a fair opportunity to rebut any statements.””
1 later decision quote this exact passage · from the majoritye.g. Tichnell v. State
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.