State v. Gilmore’s Empirical Analysis
1983
Citation profile
10 federal appellate · 45 state decisions
How this case has been cited
Cited by 59 later decisions (1 by the Supreme Court) — most recently June 2009 · most notably State v. Parker (1994), State v. O'BRIEN (1993)
10 federal appellate · 45 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 Gregg v. Georgia · Lockett v. Ohio · Duren v. Missouri · Bowsher v. Merck & Co. · Innkeepers of New Castle, Inc. v. Maley
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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If you decide that a sufficient aggravating circumstance or circumstances exist to warrant the imposition of death, as submitted in Instruction No. 26, it will then become your duty to determine whether a sufficient mitigating circumstance or circumstances exist which outweigh such aggravating circumstance or circumstances so found to exist. In deciding that question you may consider all of the evidence relating to the murder of Mary Luella Watters. You may also consider whether the capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired. You may also consider any circumstances which you find from the evidence in extenuation or mitigation of punishment. If you unanimously decide that a sufficient mitigating circumstance or circumstances exist which outweigh the aggravating circumstance or circumstances found by you to exist, then you must return a verdict fixing defendant’s punishment at imprisonment for life by the Division of Corrections without eligibility for probation or parole until he has served a minimum of fifty years of his sentence.”
1 later decision quote this exact passagee.g. Gilmore v. Delo“with the evidence of [Gilmore's] mental condition 19 before it ... did not abuse its discretion in disallowing formal assertion of such defense.”
1 later decision quote this exact passage“failing to appoint counsel within time to allow raising of defense of mental disease or defect.”
1 later decision quote this exact passage
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.