Hall v. Wainwright’s Empirical Analysis

Citation profile

46 federal appellate · 13 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 84 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A state court is entitled to express its views on federal constitutional issues without waiving its procedural default rules.”

   4 later decisions quote this exact passage · from the majority
   e.g. Pelmer v. White · Thigpen v. Thigpen

2. “"Failure to Object to the Use of Uncounseled Misdemeanor Convictions in Determining the Presence or Absence of Mitigation "Petitioner raises this first allegation of ineffective assistance in paragraph 18 of the Petition. In support of this claim Petitioner called Joel Sogol and Ralph Burroughs. "In its sentencing order, the trial Court found that the statutory mitigating circumstances, '[t]he defendant has no significant history of prior criminal activity,' Code of Alabama 1975, § 13A-5-36(1), was not present. (R. 433) The trial court stated: "This defendant does have a history of prior criminal activity, and it is significant. The defendant was convicted of Murder in the Second Degree in Case No. 9760-A on November 9, 1966, and sentenced to 12 years imprisonment. The defendant has one conviction of Assaulting a Police Officer, one conviction of Resisting Arrest, seven convictions for disorderly conduct, one conviction of malicious destruction of property, one conviction of leaving the scene of an accident, and several traffic infractions. The Court finds that this mitigating circumstance is not present in this case. "(R. 433). The pre-sentence investigation report on Petitioner contains a summary of her criminal activity matching this recitation by the trial Court. (R. 428-429). "Petitioner alleged that it was improper to consider these misdemeanor convictions without proof that Petitioner had been represented by counsel or had waived counsel, and that her trial counsel was”

   1 later decision quote this exact passage · from the majority
   e.g. 501 So. 2d 542 - Jackson v. State

3. “Hall argues that the Supreme Court of Florida does not enforce its procedural default rules in capital cases. This claim is without merit. The Supreme Court of Florida enforces its procedural default rules in capital cases.”

   1 later decision quote this exact passage · from the majority
   e.g. Booker v. Wainwright