State v. Wilkinson’s Empirical Analysis
1996
Citation profile
70 state decisions
How this case has been cited
Cited by 80 later decisions — most recently December 2022 · most notably State v. Gainey (2002), State v. Grooms (2000)
70 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 Lockett v. Ohio · Wainwright v. Witt · Eddings v. Oklahoma · Penry v. Lynaugh · Henderson v. Kibbe
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 80 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'A criminal defendant will not be heard to complain of a jury instruction given in response to his own request.'”
4 later decisions quote this exact passage“Where a defendant tells the trial court that he has no objection to an instruction, he will not be heard to complain on appeal.”
2 later decisions quote this exact passage“Under the evidence in this case there are two possible aggravating circumstances that you may consider, and the following are those aggravating circumstances. One, “Was this murder committed by the defendant, David Gainey, while he was engaged in the commission of the felony of kidnapping?” And two, “Was this murder committed for pecuniary gain?” So, if you find from the evidence beyond a reasonable doubt that when the defendant, David Gainey, or someone he was acting in concert with, killed Dwayne McNeill; that the defendant, or someone he was acting in concert with, unlawfully . . . confined Dwayne McNeill without Dwayne McNeill’s consent, and that this confinement was for the purpose of facilitating the commission of the crime of murder, and that this confinement was a separate complete act, independent of and apart from the murder, if the State has proven all of this to you beyond a reasonable doubt, then you would find this aggravating circumstance .... Next, consider the second one. . . . If you find from the evidence beyond a reasonable doubt that when the defendant or someone he was acting in concert with killed Dwayne McNeill, that the defendant, or someone he was acting in concert with, intended to rob Dwayne McNeill of his automobile and that the robbery was a reason for the killing, then you would find this aggravating circumstance.”
1 later decision quote this exact passagee.g. State v. Gainey
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.