387 So. 2d 1124 - State v. Clark’s Empirical Analysis

Citation profile

2 federal appellate · 44 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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) whether the sentence was imposed under the influence of passion, prejudice or any other arbitrary factors, and (b) whether the evidence supports the jury's finding of a statutory aggravating circumstance, and (c) whether the sentence is disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant.”

   3 later decisions quote this exact passage
   e.g. State v. Knighton · 524 So. 2d 1194 - State v. Eaton

2. “First degree murder is the killing of a human being: (1) When the offender has specific intent to kill or to inflict great bodily harm and is engaged in the perpetration or attempted perpetration of aggravated kidnapping, aggravated escape, aggravated arson, aggravated rape, aggravated burglary, armed robbery, or simple robbery; (2) When the offender has a specific intent to kill or to inflict great bodily harm upon a fireman or peace officer engaged in the performance of his lawful duties; (3) When the offender has a specific intent to kill or to inflict great bodily harm upon more than one person; or (4) When the offender has specific intent to kill or inflict great bodily harm and has offered, has been offered, has given, or has received anything of value for the killing [; or] (5)When the offender has the specific intent to kill or to inflict great bodily harm upon a victim under the age of twelve years.”

   2 later decisions quote this exact passage
   e.g. Glass v. Blackburn · 454 So. 2d 1165 - State v. Bennett

3. “Notwithstanding the verdict rendered in the guilt portion of the trial, to determine that the sentence of death be imposed the jury must find beyond a reasonable doubt that at least one statutory aggravating circumstance exists after a sentencing hearing. Defendant has the opportunity to introduce evidence, including that of mitigating circumstances, not introduced at trial. The jury is not bound to find the existence of an aggravating circumstance merely because it found defendant guilty of first degree murder.”

   2 later decisions quote this exact passage
   e.g. State v. Knighton · 420 So. 2d 139 - State v. Perry