State v. Skipper’s Empirical Analysis
1994
Citation profile
5 federal appellate · 169 state decisions
How this case has been cited
Cited by 176 later decisions — most recently March 2011 · most notably State v. Rose (1994), State v. Braxton (2000)
5 federal appellate · 169 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 In the Matter of Samuel Winship · Chambers v. Mississippi · Wainwright v. Witt · American Manufacturers Mutual Insurance v. United States · Beck v. Alabama
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 176 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The test in every case involving the propriety of an instruction on a lesser grade of an offense is not whether the jury could convict defendant of the lesser crime, but whether the State’s evidence is positive as to each element of the crime charged and whether there is any conflicting evidence relating to any of these elements.”
3 later decisions quote this exact passagee.g. State v. Larry · State v. Walker“judges are not required to allow a defendant to attempt to rehabilitate jurors challenged for cause. A trial court in its sound discretion may refuse a defendant’s request to attempt to rehabilitate certain jurors challenged for cause by the State.”
2 later decisions quote this exact passagee.g. State v. Thomas · State v. Burr“Q. Do you think that the punishment that should be imposed for anyone in a criminal case in general should be effected [sic] by their mental or emotional state at the time that the crime was committed? Q. ... If you were instructed by the Court that certain things are mitigating, that is they are a basis for rendering or returning a verdict of life imprisonment as opposed to death and were those circumstances established you must give them some weight or consideration, could you do that? Q. Mr. Lawrence, in this case if there was evidence to support, evidence to show that the defendant was under the influence of a mental or emotional disturbance at the time of the commission of the murder and if the Court instructed you that was a mitigating circumstance, if proven, that must be given some weight, could you follow that instruction? Q. ... If the Court advises you that by the preponderance of the evidence that if you are shown that the capability of the defendant to conform his conduct to the requirements of the law was impaired at the time of the murder, and the Court instructed you that was a circumstance to which you must give some consideration, could you follow that instruction? Q. Do you believe that a psychologist or a psychiatrist can be successful in treating people with mental or emotional disturbance [s]? Q. Do you personally believe, and I am talking about your personal beliefs, that if by the preponderance of evidence, that is evidence that is established, that a ”
1 later decision quote this exact passagee.g. State v. Simpson
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.