James v. State’s Empirical Analysis

Citation profile

5 federal appellate · 27 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he argument that, because the money was not taken the appellant did not commit Murder in the First Degree in the commission of Robbery with Firearms, is unpersuasive. The felony murder statute is intended to prevent certain felonies as well as homicide, and the Legislature, in its wisdom, determined that there are certain felonies in which homicide is most likely to occur. The likelihood of a homicide is not lessened by the fact that the perpetrator of the robbery ran without the money or goods or that the perpetrator committed the crime only to discover that the anticipated money or goods did not exist or was not in the possession of the victim. Therefore, this Court has determined that, in the commission of an armed robbery or an attempted armed robbery, murder in the first degree may be committed under 21 O.S.Supp.1980, § 701.7(B).”

   2 later decisions quote this exact passage
   e.g. Quillen v. State · McDonald v. State

2. “The due process clause of the Constitution demands that each element of a crime be proven. Mullaney v. Wilbur, 421 U.S. 684 , 95 S.Ct. 1881 , 44 L.Ed.2d 508 (1975); In Re Winship, 397 U.S. 358 , 90 S.Ct. 1068 , 25 L.Ed.2d 368 (1970). However, all of the elements of this crime were proven. The State established a prima facie case of murder in the first degree by proving, first, that the homicide occurred during an armed robbery, and, therefore, fell within felony murder; and second, that the appellant had committed the homicide with premeditation. No violation of due process occurred. A unanimous verdict is guaranteed by this State’s Constitution. Okla. Const., art. 2, § 19. In 1961, this Court construed that right to mean that a verdict of guilt on a charge of two distinct acts of rape had to reflect a unanimous finding of guilt based upon one specific act or on both acts, but not on either one or the other act. See Cody v. State, 361 P.2d 307 (Okl.Cr.1961). However, the question now before this Court is one of first impression. Unlike Cody , there are not two separate offenses, but like Cody there is no indication of the jury’s findings in determining guilt. The issue for resolution is whether the Cody rule applies to the case at hand where there are two alternative theories upon which to base the conviction for first degree murder, each of which was alleged and proven. Other jurisdictions have encountered this problem, often in reviewing convictions based upon alternative t”

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

3. “[TJhis Court has reaffirmed its prior holdings that failure of a jury to indicate the basis of their finding of guilt was not error where there was but a single crime charged, ic. first degree murder. "Whether or not [murder] was committed with malice aforethought, or during the commission of a felony goes to the factual basis of the crime." When the jury verdict is unanimous that a defendant committed murder in the first degree, such a verdict satisfies due process. Further, there is no due process violation when all of the elements of the crime charged were proven. (citations omitted).”

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