State v. Dickerson’s Empirical Analysis

Citation profile

6 federal appellate · 45 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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[e]xpert testimony, even when uncontradicted, is not necessarily conclusive”

   2 later decisions quote this exact passage
   e.g. State v. Ibrahim, Unpublished Decision (8-10-2004) · State v. Fulk, Unpublished Decision (5-23-2005)

2. “In his twelfth proposition of law, appellant contends that his conviction of the aggravated murder of Kevin McCoy is not supported by sufficient evidence, because there was no evidence, as required by R.C. 2903.01(D), to prove that he specifically intended to cause McCoy’s death. A review of the record reveals that McCoy was shot twice by appellant. The first shot was fired into McCoy’s chest as he charged the bathroom window through which appellant was making a surreptitious entry. The second shot was fired into the back of McCoy’s head as he lay wounded by the first shot in the hallway near the bathroom. Appellant argues that there is insufficient evidence that he intended to kill McCoy with the first shot, insufficient evidence that McCoy was alive at the time of the second shot, and some evidence that the first shot was fatal. Consequently, appellant argues that while the evidence may support a conviction for involuntary manslaughter, it is insufficient to support a conviction of aggravated murder. In determining whether there is sufficient evidence to support a conviction, the relevant inquiry is “ * * * whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia (1979), 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 . Accord State v. Thomas (1980), 61 Ohio St.2d 223 , 400 N.E.2d 401 ; State v. Bridgeman (1978), 55 Ohio St”

   1 later decision quote this exact passage
   e.g. Dickerson v. Mitchell

3. “In weighing the psychiatric testimony the Court used the standards required by law, weighing their testimony by the same standards of credibility as other witnesses. Evaluating their opinions and the observations of lay witnesses against the uncontroverted evidence regarding the actions of the defendant before, during and after he murdered the two victims, the Court finds that the defendant failed to establish by a preponderance of the evidence mental disease or defect that would cause the defendant to lack substantial capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law. It was clear from the evidence that defendant shot the decedent Kevin McCoy by placing the barrel of the gun against the back of the head of Mr. McCoy after the defendant had already shot him in the chest. The defendant then went to 15-year-old Nicole McClain and demanded to know the whereabouts of his girl friend, and when she did not respond to his satisfaction, he counted to three and then fired not one, but two fatal shots into her face at a range of less than 18 inches. It was clear that he deliberately selected, sought out, and, in an execution style, shot and killed both of his victims.”

   1 later decision quote this exact passage
   e.g. Dickerson v. Mitchell