Bailey v. State’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 17 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “You have already convicted the defendant of causing the death of two persons; therefore, that aggravating circumstance has been established beyond a reasonable doubt and you are so instructed.”

   3 later decisions quote this exact passage
   e.g. Bailey v. Snyder · Bailey v. State

2. “The Supreme Court shall limit its review under this section to the recommendation on an imposition of the penalty of death and shall determine: a. Whether, considering the totality of evidence in aggravation and mitigation which bears upon the particular circumstances or details of the offense and the character and propensities of the offender, the death penalty was either arbitrarily or capriciously imposed or recommended, or disproportionate to the penalty recommended or imposed in similar cases arising under this section. b. Whether the evidence supports the jury’s or judge’s finding of a statutory aggravating circumstance as enumerated in subsection (e) of this section and, where applicable, § 636(a)(2)-7 of this title.”

   2 later decisions quote this exact passage
   e.g. Deputy v. State · Riley v. State

3. “The cases cited by defendant relating to the unconstitutionality of conclusive presumptions are inapposite since they apply to trial situations and not after the verdict situations as here in a bifurcated penalty hearing.”

   2 later decisions quote this exact passage
   e.g. Bailey v. Snyder · 855 F. Supp. 1392 - Bailey v. Snyder