Nichols v. State’s Empirical Analysis

Citation profile

2 federal appellate · 71 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 81 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “was so preoccupied with personal problems that he was unfit to serve”

   2 later decisions quote this exact passage
   e.g. Rogers v. State · Narvaiz v. State

2. “Williams Trial Both men pulled guns on Claude Shaffer, the man behind the counter. Shaffer reached for and grabbed a pistol which he pointed at appellant [Williams]. Nichols fired a shot at Shaffer and Shaffer “went down” in what appellant described as a squatting position. Nichols and appellant turned and started to go out the door. Appellant still had his weapon pointed back toward Shaffer, who he thought had not been hit. Nichols went out the door, but appellant turned back toward the counter and saw Shaffer squatting with his back to appellant. Appellant shot Shaffer in the back, killing him, ran out of the store, and then came back inside. He testified that he returned to see whether he had hit the deceased. He removed a box which contained money from behind the counter. Then he ran out of the store. Nichols Trial As they approached the cash register, both men pulled guns on Claude Shaffer, the seventy year old victim. Shaffer bent down behind the counter, and it is controverted whether he was reaching for an unloaded pistol kept behind the store counter or whether he was simply taking cover. Appellant [Nichols] stated “Don’t try it” and opened fire on Shaffer. It is unclear whether appellant’s shots hit Shaffer. Appellant and Williams then turned and started to flee. As they reached the door, Williams turned and shot at Shaffer. Again, it is unclear which shot contacted the victim. Both men fled but, after running out of the Deli, Williams • stopped and went back into t”

   1 later decision quote this exact passage
   e.g. 802 F. Supp. 66 - Nichols v. Collins

3. ““The Court: Let the record show that the juror, Sammy Gilbert, has been excused from the courtroom, that counsel for the State and Counsel for defense are here. With regard to the examination of Gilbert, let the Record further show that Mr. Gilbert was asked to read No. 2 several times. To make sure the Record is clear about what he was being asked to read, let the Record show that there is a poster board on an upright tripod near the witness seat which contains the second special issue to be submitted on the punishment part of a capital murder case. And that the special issue reads substantially as follows: ‘Whether there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society.’ And let the Record further show that the court understood the — the court observed that the witness had lengthy pauses. I am not sure whether they’re reflected in court reporter’s notes or not. But there were pauses of a minute or more at various times when either the court or the prosector asked the witness to read special Issue No. 2. That the witness indicated at one time perhaps off the Record, beckoning to the Court, indicated that he could not read because he had a stuttering problem. Therefore, the court asked if he would just give the substance of the question rather than the substance of the special issue — rather than reading it verbatim. And as the court understood the witness, the witness said that it had something to”

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