Hackett v. Price’s Empirical Analysis

Citation profile

12 federal appellate · 3 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “whether there is a reasonable likelihood that the jury has applied the challenged instruction in a way that prevents the consideration of constitutionally relevant evidence,” id. at 380 , 110 S.Ct. 1190 . Because Spisak relied exclusively on Mills'”

   3 later decisions quote this exact passage · from the majority
   e.g. Abu-Jamal v. Secretary, Pennsylvania Department of Corrections · Singer Management Consultants, Inc. v. Milgram

2. “Banks Instmctions Members of the jury, you must now decide whether the defendant in this case is to be sentenced to death or to life imprisonment on each of the Informations upon which you have returned a verdict of guilty of murder in the first degree. The sentence you will impose will depend on your findings concerning aggravating and mitigating circumstances. The Crime Code in this Commonwealth provides that the verdict must be a sentence of death if the jury unanimously finds at least one aggravating circumstance and no mitigating circumstances, or if the jury unanimously finds one or more aggravating circumstances which outweigh any mitigating circumstance or circumstances. Albrecht Instmctions Members of the jury, ... it now becomes your duty to decide whether or not the sentence imposed upon the defendant ... will be death or life imprisonment____ [Y]our sentence will depend upon your findings concerning aggravating and mitigating circumstances. The Crimes Code provides that the verdict must be a sentence of death if the jury unanimously finds at least one aggravating circumstance and no mitigating circumstances or if the jury unanimously finds [sic] more aggravating circumstances which outweigh any and all mitigating circumstances. In all other cases, the verdict must be a sentence of life imprisonment. Remember, under the law of this Commonwealth, your verdict must be a sentence of death if you unanimously find at least one aggravating circumstance and no mitigating ”

   1 later decision quote this exact passage · from the majority
   e.g. Albrecht v. Horn

3. “A.” Circumstance (a) reads: “The defendant has no significant history of prior criminal convictions[.]” Circumstance (h) allowed the jury to consider and select “[a]ny other mitigating matter concerning the character or record of the defendant or the circumstances of his offense.” 7 . The same language appears again in the jury instructions:”

   1 later decision quote this exact passage · from the majority
   e.g. Abu-Jamal v. Secretary, Pennsylvania Department of Corrections