Public-domain · open source
OpenJurist
← 300 So. 2d 467 - State v. Selman

300 So. 2d 467 - State v. Selman’s Empirical Analysis

1974

Citation profile

31
cited by 31 later decisions
1
cited 1 times by the Supreme Court
3
states following
February 2018
most recently cited

30 state decisions

How this case has been cited

Cited by 31 later decisions (1 by the Supreme Court) — most recently February 2018 · most notably Roberts v. Louisiana (1976), 340 So. 2d 180 - State v. Lee (1976)

30 state decisions

24019741980199020002010decided

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 United States v. Wade · Neil v. Biggers · Stovall v. Denno · Furman v. Georgia · Kirby v. Illinois

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

  1. “"If the jury finds under the facts of the case, that the accused is guilty of aggravated rape, the death penalty shall be imposed. On the other hand, if the jury finds under the facts of the case that the accused is either guilty of attempted aggravated rape or simple rape, they will render a verdict of guilty for that particular crime. We must bear in mind that attempted aggravated rape and simple rape are separate and distinct crimes with separate penalty provisions for each. The fact that death is the mandatory penalty for aggravated rape but not for the responsive verdicts of attempted aggravated rape and simple rape is of no moment. The sole determining factor as to which penalty will be imposed depends upon the particular crime for which the jury finds the accused guilty, if any. Therefore, we conclude that there is no discretion in the jury for the imposition of the death penalty where the accused is found guilty of aggravated rape. "Hence, the present death penalty in Louisiana for aggravated rape is constitutionally permissible. It does not violate the Eighth and Fourteenth Amendments to the United States Constitution." 300 So.2d at 473.”
    3 later decisions quote this exact passage
  2. “Whoever commits the crime of aggravated rape shall be punished by death.”
    2 later decisions quote this exact passage
  3. “accompanied by apparent power of execution.”
    2 later decisions quote this exact passage

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.