McCullough 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. “Due process of law, then, requires that vindictiveness against a defendant for having successfully attacked his first conviction must play no part in the sentence he receives after a new trial. And since the fear of such vindictiveness may unconstitutionally deter a defendant's exercise of the right to appeal or collaterally attack his first conviction, due process also requires that a defendant be freed of apprehension of such a retaliatory motivation on the part of the sentencing judge. 7”

   1 later decision quote this exact passage
   e.g. Texas v. McCullough

2. “"(b) Except as provided in Article 37.071 [Procedure in Capital Case], if a Ending of guilty is returned, it shall then be the responsibility of the judge to assess the punishment applicable to the offense; provided however, that... (2) in ... cases where the defendant so elects in writing at the time he enters his plea in open court, the punishment shall be assessed by the same jury." (Emphasis added.)”

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