Berard v. State’s Empirical Analysis

1981

Citation profile

cited by 35 later decisions

states following

May 2009

most recently cited

1 federal appellate · 33 state decisions

How this case has been cited

Cited by 35 later decisions — most recently May 2009 · most notably State v. Palmer (1986), 695 So. 2d 70 - Bush v. State (1996)

1 federal appellate · 33 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Jackson v. Denno · Witherspoon v. Illinois · Lockett v. Ohio · Davis v. Georgia · 396 So. 2d 645 - Beck v. State

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

“[W]e cannot make the assumption that the trial judge's finding of no mitigating circumstances is 'tantamount to a holding that the degree of disability necessary to support those (statutory) mitigating circumstances was lacking.'”
3 later decisions quote this exact passage
e.g. 545 So. 2d 129 - Fortenberry v. State · 456 So. 2d 99 - Clisby v. State
“"Mitigating circumstances shall be the following: "... (2) The capital felony was committed while the defendant was under the influence of extreme mental or emotional disturbance; "... (6) The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired; "...."”
2 later decisions quote this exact passage
e.g. 412 So. 2d 830 - Shorts v. State · 486 So. 2d 458 - Berard v. State
“`the safer practice would have been for the trial judge to simply follow the verbiage of the statute in negating aggravating [and mitigating] circumstances.' Berard v. State , 402 So.2d 1044 , *Page 570 1051 (Ala.Cr.App. 1980).”
2 later decisions quote this exact passage
e.g. 545 So. 2d 129 - Fortenberry v. State · 930 So. 2d 550 - Pilley v. State

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.