Franklin v. Catoe’s Empirical Analysis

Citation profile

29 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “in favorem review, a capital PCR applicant now bore the burden of proving not only error, but also constitutional prejudice. I dissented, and wrote: In my opinion, we must honor the General Assembly's prerogative to establish the procedural safeguards which it deems necessary to the fair administration of the death penalty. Where the legislature has prescribed a departure from the procedures observed in”

   1 later decision quote this exact passage
   e.g. Robertson v. State

2. “[O]ther mechanisms of protection and of relief have now been created for the [capital] defendant which safeguard [him] and render the protections afforded by in favorem vitae surplusage,”

   1 later decision quote this exact passage
   e.g. Robertson v. State

3. “Based on a review of the evidence presented, we can find no evidence whatsoever the jury would have rendered a different verdict had the error not been made.”

   1 later decision quote this exact passage
   e.g. Smalls v. State