73 So. 3d 178 - Russ v. State’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"In reviewing a death sentence for proportionality, we ensure that the death penalty is 'reserved only for those cases where the most aggravating and least mitigating circumstances exist.' " McGirth v. State , 48 So.3d 777 , 796 (Fla. 2010) (quoting Terry v. State , 668 So.2d 954 , 965 (Fla. 1996) ), cert. denied , [563] U.S. [940], 131 S.Ct. 2100 , 179 L.Ed.2d 898 (2010). This Court's "review on proportionality is not a comparison between the number of aggravators and mitigators." McGirth , 48 So.3d at 796 ; see Barnes v. State , 29 So.3d 1010 , 1028 (Fla.), cert. denied , [562] U.S. [901], 131 S.Ct. 234 , 178 L.Ed.2d 155 (2010). Proportionality review requires this Court to engage in a qualitative review of the "totality of the circumstances and compare the present case with other capital cases in which this Court has found that death was a proportionate punishment." Wright v. State , 19 So.3d 277 , 303 (Fla. 2009) (citing Urbin v. State , 714 So.2d 411 , 416 (Fla. 1998) ).”

   1 later decision quote this exact passage · from the majority
   e.g. Mesac Damas v. State of Florida

2. “As Florida case law notes, 'the trial court [was] required to make independent findings on aggravation, mitigation, and weight [ ]'; therefore, [t]he jury's recommendation [ ] ha[d] no identifiable binding effect at the sentencing stage.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Mason