Lufkins v. Solem’s Empirical Analysis

Citation profile

4 federal appellate · 5 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. “Other than the incriminating statement, the only evidence of guilt was the testimony of three companions who purportedly witnessed Lufkins hit the decedent with an axe handle on the evening of December 4, 1979. However, as empha sized by the district court, these witnesses were not particularly reliable because they had been drinking heavily from the early hours of December 4, and they had difficulty recalling the events of that evening. Furthermore, apart from the prejudice caused by counsel’s failure to challenge the admission of the incriminating statement, counsel undercut Lufkins’ trial defense by failing to sequester these three eyewitnesses so that they could not listen to one another’s testimony. We believe this was further evidence of counsel’s prejudicial failure to exercise his professional judgment in his client’s behalf.”

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

2. “The evidence produced by the State against petitioner consisted primarily of testimony by three companions who supposedly witnessed the lethal events of December 4, 1979. None of these witnesses were particularly reliable. All had been drinking heavily from at least the early hours of December 4, and all had leaden memories of the evening.12”

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