Dobbert v. State’s Empirical Analysis

Citation profile

1 federal appellate · 39 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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The constitutional standard of fairness requires that a defendant have `a panel of impartial, "indifferent" jurors.' Irvin v. Dowd, supra, 366 U.S. [717], at 722, 81 S.Ct. [1639], at 1642, [ 6 L.Ed.2d 751 ]. Qualified jurors need not, however, be totally ignorant of the facts and issues involved. "`To hold that the mere existence of any preconceived notion as to the guilt or innocence of an accused, without more, is sufficient to rebut the presumption of a prospective juror's impartiality would be to establish an impossible standard. It is sufficient if the juror can lay aside his impression or opinion and render a verdict based on the evidence presented in court.' Id., at 723, 81 S.Ct. [1639] at 1642. "At the same time, the juror's assurances that he is equal to this task cannot be dispositive of the accused's rights, and it remains open to the defendant to demonstrate `the actual existence of such an opinion in the mind of the juror as will raise the presumption of partiality.' Ibid. "The voir dire in this case indicates no such hostility to petitioner by the jurors who served in his trial as to suggest a partiality that could not be laid aside. Some of the jurors had a vague recollection of the robbery with which petitioner was charged and each had some knowledge of petitioner's past crimes, but none betrayed any belief in the relevance of petitioner's past to the present case. Indeed, four of the six jurors volunteered their views of its irrelevance, and one suggested th”

   2 later decisions quote this exact passage · from the majority
   e.g. 338 So. 2d 201 - Knight v. State · 353 So. 2d 826 - Hoy v. State

2. “"Relative to appellant's argument that the trial court erred in not allowing a change of venue, we find from the record that the trial judge did everything possible to insure an impartial trial for the defendant. The jurors, carefully and extensively examined by defense counsel to determine that they could be fair and impartial, were sequestered and comprehensive gag order was placed on all participants of the trial. As further evidenced by the record, seventy-eight prospective jurors were interviewed; allowed thirty-two peremptory challenges, the defense only exercised twenty-seven. Upon the selection of twelve persons, the trial judge denied the motion for change of venue with the following analysis: "`Both the State and the defendant have challenges left. We have selected the jury. "`Most times the jurors have heard about the case in some fashion from the media. However, a number of them did not hear about it. Some of them that did not hear about it are on the jury. Some are not. "`As I said those that were selected, in the main, if I recall correctly, at least I was satisfied. I'm sure counsel for both sides have different ideas. I'm satisfied some of them had no opinions. If they had opinions they said that it would not affect their decisions. Some had impressions about the nature of the case. So I deny the motion for a change of venue.'"”

   1 later decision quote this exact passage · from the majority
   e.g. 353 So. 2d 826 - Hoy v. State

3. “(a) The defendant has no significant history of prior criminal activity. "(b) The capital felony was committed while the defendant was under the influence of extreme mental or emotional disturbance. "(c) The victim was a participant in the defendant's conduct or consented to the act. "(d) The defendant was an accomplice in the capital felony committed by another person and his participation was relatively minor. "(e) The defendant acted under extreme duress or under the substantial domination of another person. "(f) The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired. "(g) The age of the defendant at the time of the crime.”

   1 later decision quote this exact passage · from the majority
   e.g. Proffitt v. Florida