Feltrop v. Delo’s Empirical Analysis

Citation profile

6 federal appellate · 1 district ·

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

1. “'the finding of an aggravating circumstance does not play any role in guiding the sentencing body in the exercise of its discretion, apart from its function of narrowing the class of persons convicted of murder who are eligible for the death penalty.'”

   2 later decisions quote this exact passage · from the majority
   e.g. 125 F. Supp. 2d 930 - Basile v. Bowersox · 1 F. Supp. 2d 986 - Tokar v. Bowersox

2. “Basile argues that the trial court plainly erred in submitting Jury Instruction No. 14 in the penalty phase, and the post-conviction court erred in failing to find ineffective assistance of counsel for not objecting to the instruction. Instruction No. 14 as given reads as follows: If you have found beyond a reasonable doubt that one or more of the aggravating circumstances submitted in Instruction No. 13 exist, then, in determining the punishment to be assessed against the defendant for the murder of Elizabeth A. DeCaro, you may also consider: 1. Whether defendant pled guilty to burglary in the second degree on October 23, 1984, in Cause No. 512542 in the circuit court of St. Louis County, Missouri. 2. Whether defendant pled guilty to stealing property of a value of at least $150.00 on October 23, 1984, in Cause Number 512542 in the Circuit Court of St. Louis County, Missouri. 3. Whether the defendant threatened the life of Dave Carr in a letter written to Lisa Carr postmarked April 26, 1994. 4. Whether defendant threatened the life of Dave Carr in a letter written to Lisa Carr postmarked June 27, 1995. 5. Whether defendant choked Therese McCormack by placing his hands around her neck in the summer of 1984. The instruction failed to comply with MAI-CR3d 313.41 by leaving out the following paragraphs: You are further instructed that the burden rests upon the State to prove the circumstances beyond a reasonable doubt. On each circumstance that you find beyond a reasonable doubt”

   1 later decision quote this exact passage · from the dissent
   e.g. 125 F. Supp. 2d 930 - Basile v. Bowersox

3. “reject[ed] the notion that the loss of a peremptory challenge constitutes a violation of the constitutional right to an impartial jury.... So long as the jury that sits is impartial, the fact that the defendant had to use a peremptory challenge to achieve that result does not mean the Sixth Amendment was violated.”

   1 later decision quote this exact passage · from the majority
   e.g. Blue Thunder v. Class