State v. Wells’s Empirical Analysis
1982
Citation profile
18 state decisions
How this case has been cited
Cited by 18 later decisions — most recently April 2019
18 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on State v. Dayton · State v. Buckner · State v. Scott · State v. Noble · State v. Covington
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Court will now read to you an additional instruction which will be handed to you with (an) additional form(s) of verdict. If you unanimously find (the)(a) defendant guilty (as to a particular Count), you should fix his punishment (as to that Count). If, however, after due deliberation, you find (the)(a) defendant guilty (as to a particular Count), but are unable to agree upon his punishment (as to that Count), you will complete the verdict (form) (forms) so stating, and in that event the Court will fix the punishment. You must bear in mind that under the law it is the primary duty and responsibility of the jury to determine (whether the defendant) (as to each defendant whether he) is guilty or not guilty (as to each Count submitted against (the) (each) defendant), and if (he) (any defendant) is guilty (as to any Count submitted against him) to fix the punishment (as to that Count).”
1 later decision quote this exact passagee.g. State v. Richardson“If there be a trial by jury and the jury is to assess punishment and if after due deliberation by the jury the court finds the jury cannot agree on punishment, then the court may instruct the jury that if it cannot agree on punishment that it may return its verdict without assessing punishment and the court will assess punishment.”
1 later decision quote this exact passagee.g. State v. Richardson“[I]t would seem at least a determination by the court that the jury is uncertain as to punishment and not guilt be a prerequisite for the giving of the instruction in the form it was submitted. 639 S.W.2d at 568 [6].”
1 later decision quote this exact passagee.g. State v. McAlister
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.