State v. Penix’s Empirical Analysis
1987
Citation profile
16 federal appellate · 175 state decisions
How this case has been cited
Cited by 208 later decisions — most recently July 2021 · most notably State v. Lott (1990), State v. Carter (1995)
16 federal appellate · 175 state decisions
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 · Lockett v. Ohio · Engle v. Isaac · Zant v. Stephens
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 208 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(A) Imposition of the death penalty for aggravated murder is precluded, unless one or more of the following is specified in the indictment or count in the indictment pursuant to section 2941.14 of the Revised Code and proved beyond a reasonable doubt: “*** "(7) The offense was committed while the offender was committing, attempting to commit, or fleeing immediately after committing or attempting to commit kidnapping, rape, aggravated arson, aggravated robbery, or aggravated burglary, and either the offender was the principal offender in the commission of the aggravated murder or, if not the principal offender, committed the aggravated murder with prior calculation and design.” (Emphasis added.) 20 January Term, 1995 I do not believe that the Ohio Constitution, governing statutes, or rules of procedure, nor this court's prior precedent allows this flaw to be dismissed as harmless. {¶ 64} The majority opinion asserts that Joseph's death sentence may be upheld because defense counsel never challenged the sufficiency of the specification in the indictment, and imputes to the defense knowledge of the elements of the felony-murder death specification. Our established precedent is clear that the "principal offender”
6 later decisions quote this exact passage · from the majority““If the sentence of death that is imposed upon any offender is vacated upon appeal * * *, the trial court that sentenced the offender shall conduct a hearing to resentence the offender. At the resentencing hearing, the court shall sentence the offender to life imprisonment with parole eligibility after serving twenty full years of imprisonment or to life imprisonment with parole eligibility after serving thirty full years of imprisonment.” (Emphasis added.)”
4 later decisions quote this exact passage · from the dissent“[W]hen a case is remanded to the trial court following vacation of the death sentence due to error occurring at the penalty phase of the proceeding, the trial court, in resentencing the offender, is limited to the sentences of life imprisonment with parole eligibility after serving twenty full years of imprisonment or life imprisonment with parole eligibility after serving thirty full years of imprisonment.”
2 later decisions quote this exact passage · from the majority
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.