Brown v. State’s Empirical Analysis

Citation profile

72 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 73 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the HAC aggravator focuses on the means and manner in which death is inflicted and the immediate circumstances surrounding the death.”

   12 later decisions quote this exact passage · from the majority
   e.g. Walker v. State · Morrison v. State

2. “[t]he HAC aggravator applies only in tortuous murders-those that evince extreme and outrageous depravity as exemplified either by a desire to inflict a high degree of pain or utter indifference to or enjoyment of the suffering of another.”

   5 later decisions quote this exact passage · from the majority
   e.g. 25 So. 3d 536 - Orme v. State · 855 So. 2d 33 - Duest v. State

3. “To establish the CCP aggravator, the State must prove beyond a reasonable doubt that (1) the killing was the product of cool and calm reflection and not an act prompted by emotional frenzy, panic, or a fit of rage (cold); (2) the defendant had a careful plan or prearranged design to commit murder before the fatal incident (calculated); (3) the defendant exhibited heightened premeditation (premeditated); and (4) the murder was committed with no pretext of legal or moral justification.”

   4 later decisions quote this exact passage · from the majority
   e.g. 73 So. 3d 178 - Russ v. State · 66 So. 3d 912 - Ballard v. State