Riley v. State’s Empirical Analysis

Citation profile

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

1. “(c) Procedure at punishment hearing. — (1) The sole determination for the jury or judge at the hearing provided for by this section shall be the penalty to be imposed upon the defendant for the conviction of first-degree murder. At the hearing, evidence may be presented as to any matter that the Court deems relevant and admissible to the penalty to be imposed. The evidence shall include matters relating to any mitigating circumstances and to any aggravating circumstance, including, but not limited to, those aggravating circumstances enumerated in subsection (e) of this section. Notice in writing of any aggravating circumstances and any mitigating circumstances shall be given to the other side by the party seeking to introduce evidence of such circumstances prior to the punishment hearing, and after the verdict on guilt, unless in the discretion of the Court such advance notice is dispensed with as impracticable. The record of any prior criminal convictions and pleas of guilty or pleas of nolo contendere of the defendant or the absence of any such prior criminal convictions and pleas shall also be admissible in evidence. (Emphasis added.) [[Image here]] (3) a. Upon the conclusion of the evidence and arguments the judge shall give the jury appropriate instructions and the juiy shall retire to deliberate and recommend to the Court an answer to the following questions: 1. Whether the evidence shows beyond a reasonable doubt the existence of at least 1 aggravating circumstance as ”

   3 later decisions quote this exact passage
   e.g. State v. Ferguson · Flamer v. State

2. “A sentence of death shall not be imposed unless the jury finds: (1) Beyond a reasonable doubt at least one statutory aggravating circumstance; and (2) Unanimously recommends, after weighing all relevant evidence in aggravation or. mitigation which bears upon the particular circumstances or details of the commission of the offense and the character and propensities of the offender, that a sentence of death be imposed. Where the jury submits such a finding and recommendation, the Court shall sentence the defendant to death. A finding by the jury of a statutory aggravating circumstance, and a consequent recommendation of death, supported by the evidence, shall be binding on the Court.”

   2 later decisions quote this exact passage
   e.g. Riley v. Snyder · James William Riley v. Stanley W. Taylor M. Jane Brady

3. “In this case, the defendant has been convicted of violating 11 Delaware Code Section 636(a)(2) which reads: “Murder in the first degree, a person is guilty of murder in the first degree when: (2) In the course of and in furtherance of the commission of a felony, he recklessly causes the death of another person.” Therefore, that statutory aggravating circumstance has been established beyond a reasonable doubt, and you are so instructed.”

   1 later decision quote this exact passage
   e.g. Riley v. Snyder