State v. Keel’s Empirical Analysis
1994
Citation profile
48 state decisions
How this case has been cited
Cited by 51 later decisions — most recently June 2013 · most notably State v. Robinson (2002), State v. McCarver (1995)
48 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 Wainwright v. Witt · Doerr v. Doerr · McKoy v. North Carolina · California v. Brown · State v. Odom
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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““(1) lack of provocation on the part of the deceased, (2) the conduct and statements of the defendant before and after the killing, (3) threats and declarations of the defendant before and during the occurrence giving rise to the death of the deceased, (4) ill-will or previous difficulties between the parties, (5) the dealing of lethal blows after the deceased has been felled and rendered helpless, (6) evidence that the killing was done in a brutal manner, and (7) the nature and number of the victim’s wounds.””
3 later decisions quote this exact passage“The question submitted by the jury is, do you unanimously find, beyond a reasonable doubt — of course, this is the issue three— do you unanimously find, beyond a reasonable doubt, that the mitigating circumstance or circumstances found is or are insufficient to outweigh the aggravating circumstances [sic] circumstance or circumstances found by you? The question was, we could not answer issue three a unanimous “yes.” A no answer indicates a verdict of life imprisonment. The recommendation page says, quote, we unanimously agree. And the question is, can we cross out the word unanimous on the recommendation? I believe my instructions were that, relative to issue three, the recommendation must be unanimous.”
1 later decision quote this exact passagee.g. State v. Cheek“This Court has consistently held that when a jury determines that a statutory mitigating circumstance exists, it is not free to refuse to consider the circumstance and must give it some weight in its final sentencing determinations, but the amount of weight any circumstance may be given is a matter left to the jury. We have also consistently held, however, that it is for the jury to determine whether submitted nonstatutory mitigating circumstances established by the evidence should be given any mitigating value. As a matter of law, nonstatutory mitigating circumstances are mitigating only when one or more jurors deem them to be so.”
1 later decision quote this exact passagee.g. State v. Murillo
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.