State v. Jester’s Empirical Analysis

Citation profile

165 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 171 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““While these were listed under thé heading of ‘AGGRAVATED CIRCUMSTANCES,’ it is clear that the trial court understood the difference between statutory aggravating circumstances and other facts describing the nature and circumstances of the offense. For example, the trial court separately identified the aggravating circumstances in its discussion.” (Emphasis added.) Id. at 153 , 512 N.E. 2d at 969. We are unable to reach a similar conclusion in the cause sub judice.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Smith · State v. Davis

2. “it would be illogical to require a three-judge panel to consider the nature and circumstances of the offense in making its decisions whether the aggravating circumstances were sufficient to outweigh the mitigating factors, yet to forbid that panel from relying upon and citing such nature and circumstances as reasons for its decision.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Gumm · State v. Lorraine

3. “[the court] has previously held that, where an inherently dangerous instrumentality was employed, a homicide occurring during the commission of a felony is a natural and probable consequence presumed to have been intended. Such evidence is sufficient to allow a jury to find a purposeful intent to kill”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Brown, Unpublished Decision (6-10-2004) · State v. Jackson, Unpublished Decision (11-6-2003)