People v. Jackson’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Likewise there is no merit to defendant’s claim that his adjudication as an habitual criminal is without legal support in the record. As above stated, the information charged defendant with four prior convictions of felonies, as to each of which he was alleged to have ‘served a term therefor in a penal institution.’ At the time of arraignment the court, after specifically directing defendant’s attention to each separate prior conviction in the precise wording of the charge, both as to the particular criminal offense named and the service of sentence therefor, expressly asked defendant as to each one, ‘Did you or did you not suffer the alleged . . . prior conviction,’ and in each instance defendant replied, ‘I did.’ The minute order of defendant’s entry of his plea states that ‘defendant pleaded guilty as charged in the information and to 4 prior convictions. ’ Defendant now argues that such admissions were not sufficient under the requirements of Penal Code section 644, because he was not further asked by the court ‘whether or not he had served terms in penal institutions on said prior felonies.’ But such argument is a mere quibbling with the facts, for as the court precisely referred to each separate conviction and imprisonment as charged, it cannot be assumed that there was any misunderstanding on the part of defendant or his counsel as to the purport of his admissions to include the prior imprisonment as well as the particular conviction in question. (In re Valenzuela, 71”

   1 later decision quote this exact passage
   e.g. People v. Greenwell

2. “Finally, there is defendant's argument that the trial court abused its discretion in imposing the death penalty upon him. The contention seems pointless. Admittedly the homicide here involved was committed in the perpetration of a robbery, and as such constituted murder of the first degree. (Pen. Code, 189, People v. Bautista, 22 Cal.2d 867, 869 [ 141 P.2d 417 ]; also, People v. Lindley, 26 Cal.2d 780, 791 [ 161 P.2d 227 ]; People v. Isby, 30 Cal.2d 879, 888 [ 186 P.2d 405 ].) While defendant urges that the killing was 'accidental ... precipitated by the unfortunate attempt of the deceased to wrestle the gun from defendant,' and that the 'Probation Officer reported ... a recommendation of life imprisonment,' these same matters were fully argued at the hearing to determine the degree of murder and the sentence to be imposed therefor. Their evaluation in the light of the entire record was for the trial court's consideration, and it unquestionably appears that the trial court, acting within its discretion and upon a consideration of all the circumstances, fixed the sentence in accordance with the statutory authority vested in it.”

   1 later decision quote this exact passage
   e.g. 37 Cal. 2d 74 - People v. Thomas