Ex Parte Russell’s Empirical Analysis

Citation profile

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

1. “"In making the determination of the qualification of a juror, great deference is to be given to the decision of the trial judge, who has broad discretion in his rulings in challenges, who was present, heard the tenor of the voice of the prospective juror, his demeanor, etc."”

   3 later decisions quote this exact passage
   e.g. Sosa v. State · Drinkard v. State

2. ““unmistakably clear (1) that they would automatically vote against the imposition of capital punishment without regard to any evidence that might be developed at the trial of the case before them, or (2) that their attitude toward the death penalty would prevent them from making an impartial decision as to the defendant’s guilt. Witherspoon, supra, 391 U.S. at 522, n. 21 , 88 S.Ct. at 1777, n. 21 . (Emphasis in original.)””

   2 later decisions quote this exact passage
   e.g. Knox v. State · Ex Parte Williams

3. ““Q: Do you have any moral, conscientious or religious scruples against the assessment of death as punishment for crime in a propeí case? “A: I do not believe in the death penalty. 3 “Q. Under any circumstances? “A: No, sir.” “Q: ... [Y]ou are convinced beyond a reasonable doubt that the defendant is guilty as charged. Would you find him guilty? “A: Yes, I would. “Q. You know, when you find him guilty, he is either going to get life or death. You are finding him guilty of capital murder. Would your conscience allow you to find him guilty, knowing that? “A: I don’t believe it would, no. “Q: What would you do, just refuse to vote? “A: I could give the verdict, but I would feel guilty if he did get charged or get the death penalty. “Q: What would be your action at that time? Could you put your personal feelings aside and follow the law as I give it to you? “A: Yes, I believe I could. Knowing it is the law, there is nothing I could do about the law. “Q: But depending on how strong you are in that regard. See, at the conclusion, if you are selected to serve as a juror, you will be asked to take an oath as a juror that you will a true verdict render according to the law and the evidence submitted to you, so help you God. We don’t want you to take that oath unless you can follow it. “A: I don’t believe I could, then. “Q: All right, then, taking you back to that situation then. Even though you were convinced beyond a reasonable doubt that the defendant was guilty, would your conscienc”

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