Houston v. State’s Empirical Analysis

Citation profile

2 federal appellate · 78 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 81 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If the jury cannot ultimately agree as to punishment, the judge shall dismiss the jury and the judge shall impose a sentence of life imprisonment. The judge shall not instruct the jury, nor shall the attorneys be permitted to comment at any time to the jury, on the effect of the jury’s failure to agree on a punishment.”

   2 later decisions quote this exact passage
   e.g. State v. Barber · 44 Cal. 3d 480 - People v. Kimble

2. ““As to the contention that the statute is vague because it allows the jury to ‘weigh’ aggravating and mitigating circumstances, the [United States] Supreme Court has made it clear that a jury must be given guidance in determining punishment when a death penalty is a possible punishment: ... The legislature of Tennessee provided for the necessary guidance of the jury by detailing in the statute the manner in which the jury is to arrive at the punishment, and by instructing the jury to consider evidence of aggravating circumstances and mitigating circumstances as provided in subsections (e), (f), and (g) of [T.C.A. § 39-2-203]. Subsection [(03)] of the act provides that all evidence introduced at both the guilt and sentencing hearings may be considered by the jury in arriving at punishment. Under these sections, in arriving at punishment, the jury must first determine whether the state has proved any of the statutory aggravating circumstances beyond a reasonable doubt. If the jury finds that none have been proven according to the required standard, the jury must return a verdict of life imprisonment. [T.C.A. § 39-2-203(f) ]. To arrive at a punishment of death, the jury must find that the state has established a statutory aggravating circumstance beyond a reasonable doubt. Additionally, however, the jury must find that the statutory aggravating circumstance is not outweighed by one or more mitigating factors. These separate determinations must be put in writing and given to the ”

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

3. “T.C.A. § 39-2404(i) and (j) set forth the aggravating and mitigating factors to be considered by the jury in the sentencing hearing, with the admonishment that any factor, not just the specified statutory factors, may be considered in mitigation. These circumstances are presented for the jury to consider and “weigh” in exercising its “controlled” discretion in determining what sentence should be imposed. The jury is not required to return a mandatory verdict of death. It must consider mitigating factors. As to the charge that the statute is vague because [it allows] the jury to “weigh” aggravating and mitigating circumstances, it must be borne in mind that the weighing of evidence is the normal function of the jury. And, where the jury is given adequate guidance as to what to consider, the requirements that the jury weigh aggravating and mitigating factors shown by the evidence does not make the statute vague and, consequently, unconstitutional. See State v. Pierre, 572 P.2d 1338, 1347-1348 (Utah 1977), cert. denied, 439 U.S. 882 , 99 S.Ct. 219 , 58 L.Ed.2d 194 (1978). (emphasis supplied)”

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