Mikenas v. State’s Empirical Analysis

Citation profile

15 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In our original decision [ Mikenas v. State ], we specifically remanded for resentencing "without further deliberations by a jury." 367 So.2d 606 at 610 . Defendant contends that a contrary procedure is dictated by Elledge v. State, 346 So.2d 998 (Fla. 1977), wherein we set aside a death sentence and remanded for a new sentencing trial because the trial court had considered as a nonstatutory aggravating factor evidence concerning an alleged murder not within the res gestae of the murder for which the defendant was being tried and which had not resulted in a conviction at the time of the trial. However, Elledge is not relevant. In this case, the evidence itself was not improper, only the manner in which it was considered by the court in its findings of fact.”

   2 later decisions quote this exact passage
   e.g. 490 So. 2d 943 - Lucas v. State · 406 So. 2d 89 - Tafero v. State

2. “significant history of prior criminal activity,”

   1 later decision quote this exact passage
   e.g. 406 So. 2d 89 - Tafero v. State