Tichnell v. State’s Empirical Analysis
1983
Citation profile
102 state decisions
How this case has been cited
Cited by 106 later decisions (4 by the Supreme Court) — most recently March 2018 · most notably State v. Webb (1996), Johnson v. State (1985)
102 state decisions — followed in 12 states
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 Gregg v. Georgia · Furman v. Georgia · Benton v. Maryland · Woodson v. North Carolina · United States v. Jorn
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 106 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a] death sentence is comparatively excessive if other defendants with similar characteristics generally receive sentences other than death for committing factually similar offenses in the same jurisdiction.”
3 later decisions quote this exact passage · from the majoritye.g. State v. Cooper · State v. DiFrisco“"(1) The defendant has not previously (i) been found guilty of a crime of violence; (ii) entered a plea of guilty or nolo contendere to a charge of a crime of violence; or (iii) had a judgment of probation on stay of entry of judgment entered on a charge of violence. As used in this paragraph, 'crime of violence’ means abduction, arson, escape, kidnapping, manslaughter, except involuntary manslaughter, mayhem, murder, robbery, or rape or sexual offense in the first or second degree, or an attempt to commit any of these offenses, or the use of a handgun in the commission of a felony or another crime of violence. (2) The victim was a participant in the defendant’s conduct or consented to the act which caused the victim’s death. (3) The defendant acted under substantial duress, domination or provocation of another person, but not so substantial as to constitute a complete defense to the prosecution. (4) The murder was committed while the capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired as a result of mental incapacity, mental disorder or emotional disturbance. (5) The youthful age of the defendant at the time of the crime. (6) The act of the defendant was not the sole proximate cause of the victim’s death. (7) It is unlikely that the defendant will engage in further criminal activity that would constitute a continuing threat to society. (8) Any other facts which the jury or the ”
2 later decisions quote this exact passage · from the majoritye.g. Calhoun v. State · Foster v. State“We conclude that similar cases for purposes of SDCL 23A-27A-12(3) are those cases in which a capital sentencing proceeding was actually conducted, whether the sentence imposed was life or death. “Because the aim of proportionality review is to ascertain what other capital sentencing authorities have done with similar capital murder offenses, the only cases that could be deemed similar ... are those in which imposition of the death penalty was properly before the sentencing authority for determination.””
2 later decisions quote this exact passage · from the majoritye.g. State v. Robert · State v. Page
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.