Gattis v. State’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 15 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Q: If the facts and circumstances so warranted, could you recommend a sentence of death? A: I don’t know, sir. Q:.... If the facts and circumstances so warrant, could you recommend a sentence of life imprisonment? A: Yes, sir, I could. Q:.... Now, you did indicate that you would follow the Court’s instructions on the law whether you agreed with that law or not.... Taking those instructions in mind, then, and taking into account all the facts and circumstances, now, if the facts and circumstances so warrant and if the Court’s instructions so permit, could you recommend a sentence of death? A: It’s like going to war. I don’t know if I — you know, until the time comes, truly in my heart would know if I could bring a bullet up there. I don’t know until the time comes. Q: Okay. Philosophically, generally, you’re not opposed to the death penalty? A: I believe in the death penalty, but I don’t know if I could be the one to say, yes, sentence this defendant to death until the time comes.”

   1 later decision quote this exact passage
   e.g. Gattis v. Snyder

2. “There is nothing in the record which indicates that the prosecution was driven by invidious gender-based stereotypes .... Based on the totality of the circumstances, the Court finds that the State has carried its burden of showing that the prosecutor would have challenged Moore even in the absence of any gender-related reason. In regard to the prosecutor’s gender-based motivation, the Court is satisfied that this consideration was de minimis. The prosecutor stated that several men had already been selected and that he wanted to select a few more women. On its face, this statement indicates that the prosecutor was trying to seat a jury with a diverse and representative character.... In light of the fact that four men had already been selected for Gattis’ jury when Moore was challenged, it is not plausible that the prosecutor’s stated desire for a mix of men and women was a pretext for a desire to exclude men because of invidious, archaic and over-broad stereotypes.”

   1 later decision quote this exact passage
   e.g. Gattis v. Snyder

3. “Number one, I believe that this juror was very, very conservative in his application of the possible application of the death penalty. He answered very quickly yes to the possibility of imposing a life sentence under the appropriate facts and circumstances, yet, to our belief, had a very difficult time in answering whether or not he could impose the death penalty under the appropriate circumstances. He seemed to be very, very .conservative in the application of the death penalty. Number two, he is an older gentleman and we have, I believe, four or five older gentlemen on the jury panel already. And I would suggest that it’s the State’s point of- view that we would prefer to have some more women on the jury.”

   1 later decision quote this exact passage
   e.g. 46 F. Supp. 2d 344 - Gattis v. Snyder