Lamadline v. State’s Empirical Analysis

Citation profile

1 federal appellate · 21 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In some instances it [the advisory opinion of the sentencing jury] could be a critical factor in determining whether or not the death penalty should be imposed.”

   2 later decisions quote this exact passage
   e.g. 517 So. 2d 656 - Riley v. Wainwright · 510 So. 2d 857 - Craig v. State

2. “an essential right of the defendant under our death penalty legislation”

   2 later decisions quote this exact passage
   e.g. Sochor v. Florida · Mann v. Dugger

3. “an essential right of the defendant under our death legislation, though it may be waived. The question before this Court is whether the appellant has waived this right. We cannot presume a waiver where the record is silent, Boykin v. Alabama, [ 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969) ]; Carnley v. Cochran, 369 U.S. 506 , 82 S.Ct. 884 , 8 L.Ed.2d 70 (1962); and the failure to either object or request the jury sentencing procedure cannot constitute such a waiver. We hold that the record must affirmatively show that the defendant voluntarily and intelligently waived the right to have a sentencing jury render its opinion on the appropriateness of the death penalty, granted him by the express provision of § 921.141, F.S.”

   1 later decision quote this exact passage
   e.g. 850 So. 2d 485 - Thibault v. State