State v. Davis’s Empirical Analysis

Citation profile

35 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) Whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor; and (2) Whether the evidence supports the jury’s or judge’s finding of a statutory aggravating circumstance as enumerated in subsection 2 of section 565.032 and any other circumstance found; (3) Whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime, the strength of the evidence and the defendant.”

   2 later decisions quote this exact passage
   e.g. State v. Tisius · State v. McFadden

2. “be weighed against the risks it poses of unfair prejudice.”

   2 later decisions quote this exact passage
   e.g. Shallow v. Follwell · State v. Plaster

3. “Evidence is logically relevant if it tends to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.”

   1 later decision quote this exact passage
   e.g. Shallow v. Follwell