527 So. 2d 800 - Hamblen v. State’s Empirical Analysis

Citation profile

62 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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]n the field of criminal law, there is no doubt that `death is different,' but, in the final analysis, all competent defendants have a right to control their own destinies.... A defendant cannot be executed unless his guilt and the propriety of his sentence have been established according to law.”

   8 later decisions quote this exact passage · from the concurrence
   e.g. 3 So. 3d 1204 - Hojan v. State · Farr v. State

2. “[Hamblen] said he had driven to Florida from Texas____ He needed money to park his rental car at the airport, and decided to steal the necessary funds. While driving around the Jacksonville area, one store, the Sensual Woman, caught his eye as a potential target. Finding Ms. [Laureen Jean] Edwards alone in the store, Hamblen pulled his gun and told her he wanted money. She gave him a small amount of cash from her cash drawer. He then told her to go into a dressing room and disrobe. Hamblen [said] he had no intention of sexually abusing Ms. Edwards; he only wanted to make it difficult for her to follow him as he made his escape. According to Hamblen, his pistol fired accidentally in the dressing room as the woman disrobed. Ms. Edwards then told Hamblen she had more money in the back of the store. She said she would take him to it if he would accompany her. As they proceeded toward the rear, he saw her touch a button that he suspected (correctly) was for a silent alarm. Angered that “anybody could be so stupid over so little money,” Hamblen ordered her back into the dressing room where he shot her once in the back of the head.”

   1 later decision quote this exact passage
   e.g. 719 F. Supp. 1051 - Hamblen v. Dugger

3. “How then can we accommodate society’s need for the information necessary to make an informed judgment as well as a defendant’s right to represent himself or remain silent? The compromise suggested by Hamblen’s appellate counsel appears to be a sensible and viable solution in these rare cases. Hamblen’s attorney does not suggest that his client be precluded from exercising his constitutional right to represent himself. Rather, he argues that separate public counsel be appointed to present the case for mitigation. I agree with this proposal. Reliability in imposing the death penalty, in my opinion, can be achieved only in the context of a true adversarial proceeding. Appointing independent public counsel to present whatever mitigating factors reasonably can be discovered under the circumstances of a given case would satisfy society’s need for a reliable and proportionate sentence without infringing upon the defendant’s right of self representation.”

   1 later decision quote this exact passage · from the dissent
   e.g. 180 F. Supp. 2d 797 - United States v. Davis