Andrews v. Morris’s Empirical Analysis

Citation profile

4 federal appellate · 1 district · 15 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"In assessing a punishment selected by a democratically elected legislature against the constitutional measure, we presume its validity. We may not require the legislature to select the least severe penalty possible so long as the penalty selected is not cruelly inhumane or disproportionate to the crime involved. And a heavy burden rests on those who would attack the judgment of the representatives of the people."”

   2 later decisions quote this exact passage
   e.g. State v. MacE · State v. Lafferty

2. “In regard to the remaining contention that the death sentence can be mandato-rily imposed, such is without merit under the facts of this case for Pierre did pursue his right to offer evidence of mitigat ing circumstances and argued the issue to the jury. As we noted in Pierre, the matters which he offered in mitigation were “most minimal — even from the point of view of inference.” [[Image here]] We reaffirm our holding in Pierre that the statutory system under which the sentence of death was imposed does not violate the Constitutions of Utah or of the United States and that all claimed errors are without merit. Following said statutory procedure, and given the especially heinous nature of the murders in this case, no rational judge or jury could have returned a verdict of other than guilty, nor could they have determined other than that the aggravating circumstances thereof clearly outweighed those in mitigation.”

   1 later decision quote this exact passage
   e.g. Andrews v. Morris

3. “"It is to be noted that U.C.A., 1953, 76-5-202 specifically sets forth eight aggravating circumstances, one or more of which must be alleged, proved, and found by the fact finder. Hence, one charged with a capital felony is put on notice and is made aware of what the State must prove and thus able to prepare his defense." 607 P.2d at 822.”

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