Benirschke v. State’s Empirical Analysis

Citation profile

16 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The trial court's statement of reasons (i) must identify each mitigating and aggravating cireumstance found, (G) must include the specific facts and reasons which lead the court to find the existence of each such cireumstance, (Hi) must articulate that the mitigating and aggravating cireumstances have been evaluated and balanced in determination of the sentence, and (iv) must set forth the trial court's personal conclusion that the sentence is appropriate punishment for this offender and this crime.”

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

2. “capacity ... to conform [his] conduct to the requirements of law was substantially impaired as a result of mental disease”

   1 later decision quote this exact passage
   e.g. Baird II v. Davis

3. “[t]he defendant has no significant history of prior criminal conduct.”

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