Spisak v. Mitchell’s Empirical Analysis

Citation profile

15 federal appellate · 2 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““You shall recommend the sentence of death if you unanimously — that is, all twelve of you — find by proof beyond a reasonable doubt that the aggravating circumstances outweigh the mitigating factors.””

   2 later decisions quote this exact passage · from the majority
   e.g. Goff v. Bagley · 482 F. Supp. 2d 919 - Montgomery v. Bagley

2. “Flagrancy is determined by an examination of four factors: “1) whether the statements tended to mislead the jury or prejudice the defendant; 2) whether the statements were isolated or among a series of improper statements; 3) whether the statements were deliberately or accidentally before the jury; and 4) the total strength of the evidence against the accused.””

   1 later decision quote this exact passage · from the majority
   e.g. Mitchell v. Vasbinder

3. “The proper standard for determining in a criminal case whether a defendant has successfully raised an affirmative defense under R.C. 2901.05 is to inquire whether the defendant has introduced sufficient evidence, which, if believed, would raise a question in the minds of reasonable men concerning the existence of such issue.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Thomas, Unpublished Decision (3-15-2007)