Public-domain · open source
OpenJurist
← 715 SO2D 852 - Ex Parte Boyd

Ex Parte Boyd’s Empirical Analysis

1998

Citation profile

39
cited by 39 later decisions
1
states following
May 2017
most recently cited

2 federal appellate · 37 state decisions

How this case has been cited

Cited by 39 later decisions — most recently May 2017 · most notably Loggins v. State (2000), Boyd v. State (2003)

2 federal appellate · 37 state decisions

200199820002010decided

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 Brewster v. Derwinski · McCarty Ranch Trust v. Craig · Benjamin v. Brown · Nicks v. Alabama · Dick v. Kemp

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

  1. “The absence of an objection in a case involving the death penalty does not preclude review of the issue; however, the defendant's failure to object does weigh against his claim of prejudice.”
    3 later decisions quote this exact passage
  2. “[t]he capital offense was especially heinous, atrocious or cruel compared to other capital offenses”
    2 later decisions quote this exact passage
  3. “"The other aggravating circumstance that the State is asking you to consider, and this one it is your duty, it is the burden on the State to prove this to you beyond a reasonable doubt, and that is that this capital offense was especially heinous, atrocious or cruel as compared to other capital offenses. The term heinous means extremely wicked or shockingly evil. The term atrocious means outrageously wicked or violent. The term cruel means designed to inflict a high degree of pain with utter indifference to or even enjoyment of the suffering of others. What is indicated, and what is intended to be included in this aggravating circumstances is those cases where the actual commission of the capital offense is accompanied by such additional acts as to set this crime apart from the norm of capital offenses. For a capital offense to be especially heinous or atrocious, any brutality which is involved in it must exceed that which is normally present in a capital offense. For a capital offense to be especially cruel it must be [conscienceless] or a pitiless crime which is unnecessarily torturous to the victim. Ladies and gentlemen, all capital offenses are heinous, atrocious, and cruel to some extent. What is intended to be covered by this aggravating circumstance is only those cases in which the degree of heinousness, atrociousness or cruelty exceeds those that will always exist when a capital offense is committed. You may consider this if you are convinced beyond a reasonable doubt”
    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.