Daniels v. State’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Now, what specifically must the State prove beyond a reasonable doubt and to a moral certainty? There is not a whole lot to explain to you as to the elements that must be proved of this offense as set out in this indictment, as it goes to you for your consideration, for the language of this statute which I have read to you which, again, is murder or capital murder when two or more human beings are intentionally killed by one or a series of acts. And, I will state, you will note that the Act says the killing must have been intentionally done by the Defendant. That is, the Defendant must have intentionally killed the victims as opposed to accidentally or unintentionally. That is an intent to do something, do it because the person intended to do it, intends the results. That is, the death of his victims. You, lady and gentlemen of the jury, determine the intent from all the surrounding facts and circumstances in this case. Intent is a mental element or operation. There is no X-ray machine to look into someone's mind. Again, look to all the surrounding facts and circumstances of the case to determine if that specific intent is present in this particular case. If it is not, then your verdict would be not guilty." TR. 820-21 (emphasis added).”

   1 later decision quote this exact passage
   e.g. Daniels v. State

2. “"The court finds that before the time of the capital offense Daniels had a history of gainful employment; he was married and had a child, a young daughter, to whom he was devoted; Daniels' relationship with his mother reflects favorably upon him since it is apparent to the court that she was devoted to him; and Daniels was also close to his step-sister. He was functioning well as a husband and father at the time of the *Page 567 capital offense. In finding mitigating circumstances this Court also considers the fact that had his financial resources permitted, Daniels could have brought to the sentencing hearing people who had known him for a considerable period of time, some of whom had worked with him, who would have testified favorably about his good work habits, and who would have testified that those who knew and worked with Daniels thought he had a good general reputation, and thought he was a good person. In fairness to Daniels, the court considers what those witnesses would have testified to the same as if they had so testified."”

   1 later decision quote this exact passage · from the majority
   e.g. Daniels v. State