McNair v. State’s Empirical Analysis

Citation profile

5 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The Court finds that this offense was especially heinous, atrocious or cruel. At the time of the crime, the Defendant had previously worked with the victim and knew that she was an elderly widow who lived alone. The Defendant was younger and larger than the victim, being able to subdue her easily. "At trial the forensic pathologist testified that the killing of Mrs. Riley took place over several minutes and by two methods. The slides and photographs as well as the testimony of the pathologist indicated a large number of cuts, nicks, abrasions, and bruises upon the upper part of the victim's body, indicating a protracted struggle and numerous blows to her upper body and head. Mrs. Riley's death was actually caused by two deep knife cuts to her throat and loss of blood therefrom but also by strangulation. The testimony included a description of the crushing of the inner bony structure of her throat and windpipe rising from severe pressure to the neck. "The nature of the wounds and the treatment of her body as evidenced by the *Page 349 bruises and cuts would indicate that Mrs. Riley would have had to have suffered severe pain over several minutes while she was being attacked and dying. Such treatment of the victim would be considered conscienceless, pitiless, and unnecessarily torturous to her."”

   1 later decision quote this exact passage
   e.g. 653 So. 2d 347 - McNair v. State

2. “b. The trial court shall reconsider the finding of the aggravating circumstance that the offense was `especially heinous, atrocious, or cruel,' § 13A-5-49(8), under the standard of Ex parte Kyzer, 399 So.2d 330, 334 (Ala. 1981), and determine whether this crime is one of `those conscienceless or pitiless homicides which are unnecessarily torturous to the victim.'”

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

3. “especially heinous, atrocious, or cruel,”

   1 later decision quote this exact passage
   e.g. 651 So. 2d 1096 - Ashley v. State