West v. Ryan’s Empirical Analysis

Citation profile

9 federal appellate ·

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

1. “West moved to Arizona from Illinois in June 1987. While living in Tucson with a family friend, he met Donald Bortle (“Bortle”). Bortle had various items for sale in his home, including assorted electronic equipment and videotapes of popular movies. West’s friend wanted to buy some things from Bortle, and West accompanied her to his house. About two weeks later in mid-July 1987, West broke into Bortle’s home, beat him severely about the head, and bound his limbs. He left Bortle to die, stealing his car and various other items, including several pieces of electronic equipment. West transported the stolen goods to the desert where he hid them, and then drove to Glendale where some of his friends lived. After retrieving the goods from Tucson with an acquaintance, West returned to Glendale and spent a couple of days with his friends. 1 He made several allusions to beating up and robbing “some guy,” but expressed no remorse about it. West then absconded to Illinois with much of the stolen property. Soon thereafter, one of West’s acquaintances contacted the Pima County Sheriffs Office, and an investigation led officers to Bortle’s home where they discovered his dead and decaying body. His hands and feet were bound with a vacuum cleaner cord and lamp wire, and he had extensive fractures on the right side of his face. The fractures were so severe that his hard pallet had detached from his skull. The coroner estimated that he had bled to death within forty-five minutes to an hour after”

   2 later decisions quote this exact passage · from the majority
   e.g. West v. Ryan · West v. Ryan

2. “The prosecution sought the death penalty, citing the following aggravating factors: (1) the murder was committed for pecuniary gain; (2) the murder was committed in an especially cruel and heinous manner; and (3) West had a prior conviction for a crime of violence (a 1981 manslaughter conviction). 2 At the initial sentencing hearing on May 4, 1988, West’s counsel argued that a conviction for felony murder precluded imposition of the death penalty. Dawley[, West’s counsel,] indicated that, as “a matter of strategy,” he and [co-counsel] Fiorillo chose to rely solely on this “legal argument” and not to present mitigation witnesses. Dawley said that they had looked for mitigating factors, explaining that West had been “examined” from “a mental health standpoint,” but that he and Fiorillo had determined that the evidence “was not worth bringing” to the court. The judge disagreed with the defense’s legal theory that the death penalty could not be imposed for a felony murder conviction and asked West if there was anything he wished to say prior to sentencing. West indicated that there were a lot of people who would testify that he was not a “wicked mad man,” but that he did not feel like “dragging them in” because he felt the court had already made up its mind. The court responded that it would consider any such evidence and would delay sentencing so that West could present it. West agreed, and the court rescheduled the hearing for June 6. On May 11, Dawley sought and obtained anoth”

   2 later decisions quote this exact passage · from the majority
   e.g. West v. Ryan · West v. Ryan