State v. Brogden’s Empirical Analysis
1993
Citation profile
98 state decisions
How this case has been cited
Cited by 98 later decisions — most recently April 2016 · most notably State v. Green (1994), State v. Fair (2001)
98 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 Witherspoon v. Illinois · Wainwright v. Witt · Adams v. Texas · Lockhart v. McCree · Gray v. Mississippi
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 98 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[p]rospective jurors in a capital case must be able to state clearly that ` "they are willing to temporarily set aside their own beliefs [concerning the death penalty] in deference to the rule of law.”
2 later decisions quote this exact passagee.g. State v. Rowsey · State v. Anderson“[t]he defendant is not allowed to rehabilitate a juror who has expressed unequivocal opposition to the death penalty in response to questions propounded by the prosecutor and the trial court.”
2 later decisions quote this exact passagee.g. State v. Keel · State v. White“Q. . . . Can you tell me in your own words how you feel about the death penalty? A. Well, I don’t really know. I’m against the death penalty. Q. Have you had that feeling about all of your adult life, Mrs. Pearsall? A. Yes. Q. Mrs. Pearsall, are you saying then that you would vote against any verdict that would mean the death penalty, is that right? A. Yes. Q. Are you saying also, Mrs. Pearsall, then that in no event and under no circumstances could you vote to return a verdict that would mean the death penalty regardless of the evidence and the law in the case, is that correct, ma’am? A. Well, if the evidence was there, it would be different, you know. If the evidence proved that he was guilty, it would be different. Q. Uh, huh. Well, let me ask you this, Mrs. Pearsall. Let me put it to you this way. Do you think that there are some cases that are bad enough that the death penalty ought to be imposed? A. Yes. Q. Well, let me ask you this, Mrs. Pearsall. Not talking about this case in particular, because you don’t know anything yet about the evidence in this case, but just as a general proposition, do you think that you could sit on a jury and in an appropriate case, could you yourself vote to give somebody the death penalty? Could you do that? A. No, I don’t think so. Q. You could not? So regardless of what your feelings were about the case, in other words and even though you say it may be appropriate in some cases, you’re saying, ma’am, then that you yourself could not vote”
1 later decision quote this exact passagee.g. State v. Basden
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.