Welch v. Workman’s Empirical Analysis

Citation profile

4 federal appellate · 1 district ·

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

1. “(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.”

   2 later decisions quote this exact passage · from the majority
   e.g. 410 F. App'x 120 - Wright v. Arellano · 406 F. App'x 280 - Trujillo v. Hartley

2. “Many repercussions to any crime, repercussions I have, my family has, and I would like to tell you about them. It is a very difficult thing worse, the loss of a son by a father. I was and am still completely devastated over the complete loss of my life will always be there. It will be there forever. I have loving memories of my son, as a baby. As a toddler, he was a little cotton top. He was a mama’s baby. I watched him grow and I guided him the best I could growing up. Since he growed into manhood with all my hopes and my dreams for him. He brought into my life two beautiful twin grandsons. Now all the memories that I have of that is overshadowed by the horrible and inhumane way his life ended. My wife and I will never be the same. My son was a part of me and he was a part of her. It’s as if that knife went into our hearts as well as his heart. I speak also for my grandsons, Robert and James, who are not old enough to speak for themselves. The loss they suffered and they suffer now, and will all of their lives growing up without their father and without having his love and his guidance for them. One of the hardest things I’ve ever had to do was to put my two grandsons on my lap, three and a half years old, and tell them that their daddy had been killed, and try to explain to them about death and where their daddy was now. I can’t stop thinking of what my son must have suffered. The pain and stark terror when Gary Welch and Claudie Conover took his life. I have never seen and”

   1 later decision quote this exact passage · from the majority
   e.g. Welch v. Workman

3. “(1) prejudicial hearsay testimony was improperly admitted denying Welch an opportunity to confront a witness; (2) prosecutorial comments denied Welch a fair trial; and (3) the trial court failed to correctly instruct the jury. Sentencing phase issues are whether: (4) improper victim impact statements resulted in the death penalty; (5) the trial court’s answer to the jury’s questions while deliberating on his sentence rendered his sentencing fundamentally unfair; (6) the omission of a jury instruction at sentencing prevented consideration of mitigating factors; (7) aggravating factors were supported by either improper or insufficient evidence; and (8) the trial court erred in failing to instruct the jury it could reject the death penalty even if it found aggravating factors.”

   1 later decision quote this exact passage · from the majority
   e.g. Welch v. Workman