45 Cal. 3d 1247 - People v. Brown’s Empirical Analysis
1988
Citation profile
3 federal appellate · 63 state decisions
How this case has been cited
Cited by 67 later decisions — most recently May 2022 · most notably 53 Cal. 3d 618 - People v. Cox (1991), 7 Cal. 4th 1027 - People v. Montoya (1994)
3 federal appellate · 63 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 Chapman v. State of California · Griffin v. California · Doyle v. Ohio · Lockett v. Ohio · Caldwell v. Mississippi
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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““(a) The circumstances of the crime of which the defendant was convicted in the present proceeding and the existence of any special circumstances found to be true pursuant to Section 190.1. “(b) The presence or absence of criminal activity by the defendant which involved the use or attempted use of force or violence or the express or implied threat to use force or violence. “(c) The presence or absence of any prior felony conviction. “(d) Whether or not the oifense was committed while the defendant was under the influence of extreme mental or emotional disturbance. “(e) Whether or not the victim was a participant in the defendant’s homicidal conduct or consented to the homicidal act. “(f) Whether or not the offense was committed under circumstances which the defendant reasonably believed to be a moral justification or extenuation for his conduct. “(g) Whether or not defendant acted under extreme duress or under the substantial domination of another person. “(h) Whether or not at the time of the offense the capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was impaired as a result of mental disease or defect, or the affects of intoxication. “(i) The age of the defendant at the time of the crime. “(j) Whether or not the defendant was an accomplice to the offense and his participation in the commission of the offense was relatively minor. “(k) Any other circumstance which extenuates the gravity of the crim”
1 later decision quote this exact passage · from the concurrence““Defendant contends the case must be remanded for a new hearing on the application for modification of verdict because the court considered matters from the probation report that had not been presented to the jury. After hearing argument from both sides the court ruled as follows: ‘Pursuant to Penal Code section 190.4, subsection (e), I have made an independent review of the evidence. I have taken into account and been guided by the aggravating and mitigating circumstances. “ T find that the jury’s findings and verdict are according to the law and the evidence. “ T find that the aggravating circumstances outweigh the mitigating circumstances. My reasons for this are as follows: That this 32-year-old defendant has shown himself to be a hostile and violent man. “ ‘He has been either incarcerated or on parole most of his adult life. And even before he reached adulthood he had such a severe problem in the community that Youth Authority confinement was needed. The records indicate that once before he was responsible for the death of another human being. “ ‘The victim was not the defendant’s enemy. He was no threat to him, but he was, rather a citizen attempting to sell a car. The community has not only suffered serious loss by reason of this poor man’s death, but his children have likewise suffered a great loss. Perhaps the greatest loss of all. “ ‘My perusal of the record does not reveal any significant or substantial mitigating circumstances that could possibly outweigh the aggr”
1 later decision quote this exact passage“with the People that the trial court's *Page 637 decision to limit cross-examination was incorrect. Defendant's right against self-incrimination was inapplicable, since (1) a determination of guilt had already occurred, and (2) his general denial of guilt waived any constitutional privilege against cross-examination on that issue. [Citation.] Moreover, any general policy that defendant may testify at the penalty phase without comment upon his failure to discuss his guilt [citation] is inapplicable where defendant buttresses his penalty defense by denying his guilt. The effect of the trial court's ruling was to grant defendant a right of allocution before the penalty jury. No such right exists under California law. [Citation.]”
1 later decision quote this exact passage
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.