392 So. 2d 619 - State v. Williams’s Empirical Analysis

Citation profile

3 federal appellate · 40 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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he jurors were not fully informed of the consequences of their votes and the penalties which could result in each eventuality. They were not told that, by their failure to decide unanimously, they would in fact decide that the court must impose a sentence of life imprisonment without benefit of probation, parole or suspension of sentence. Instead, the members of the sentencing body were left free to speculate as to what the outcome would be in the event there was not unanimity. Under these circumstances, individual jurors could rationally surmise that in the event of disagreement a new sentencing hearing, and perhaps a new trial, before another jury would be required. Such a false impression reasonably may have swayed a juror to join the majority, rather than hold to his honest convictions, in order to avoid forcing the parties, witnesses and court officials to undergo additional proceedings. Consequently, by allowing the jurors to remain ignorant of the true consequences of their failure to decide unanimously upon a recommendation, the trial court failed to suitably direct and limit the jury's discretion so as to minimize the risk of arbitrary and capricious action. The death penalty was imposed under sentencing procedures that created a substantial risk that it would be inflicted in an arbitrary and capricious manner. * * * * * * If only one of the twelve jurors was swayed by the failure to inform him fully of the consequences of his sentence recommendation, then, in the”

   4 later decisions quote this exact passage · from the dissent
   e.g. 459 So. 2d 498 - State v. Loyd · 474 So. 2d 919 - State v. Jones

2. ““... nothing we say today bears upon the power of a State to execute a defendant sentenced to death by a jury from which the only veniremen who were in fact excluded for cause were those who made unmistakably clear (1) that they would automatically vote against the imposition of capital punishment without regard to any evidence that might be developed at the trial of the case before them, or (2) that their attitude toward the death penalty would prevent them from making an impartial decision as to the defendant’s guilt. Nor does the decision in this case affect the validity of any sentence other than one of death. Nor, finally, does today’s holding render invalid the conviction, as oppose to the sentence, in this or any other case.””

   2 later decisions quote this exact passage
   e.g. State v. Lasseigne · 420 So. 2d 420 - State v. Jordan

3. “Members of the jury, we have a question. Does the jury have to unanimously vote for the death penalty. I know that you heard this Court several times, particularly when it told you, in the event you unanimously decide the death penalty should be imposed, and then on and on. I know your problem is that the verdict form that this Court gave you relative to the death penalty merely says having found the below listed statutory aggravating circumstance or circumstances, and after consideration of mitigating circumstances offered, the jury recommends that the defendant be sentenced to death. No mention of unanimity. The second one says the jury unanimously recommends that the defendant be sentenced to life imprisonment without benefit of probation, parole, or suspension of sentence. Members of the jury, this Court must follow the dictates of the statutes. And it so happen[s] that the statute phrases the verdict form for death in that manner. And it phrases the verdict form for life imprisonment in that manner. So this Court will tell you that to recommend that the defendant be sentenced to death your vote has to be unanimous. This Court will further tell you that to recommend that the defendant be sentenced to life imprisonment without benefit of probation, parole, or suspension of sentence must be unanimous. Does that answer your question? So either vote must be unanimous. All twelve of you must agree on a verdict for death or a verdict for life imprisonment. So if that answers yo”

   1 later decision quote this exact passage · from the concurrence
   e.g. 459 So. 2d 498 - State v. Loyd