Tucker v. Kemp’s Empirical Analysis
762 F.2d 1496 · 1985
Citation profile
70 federal appellate · 8 state decisions
How this case has been cited
Cited by 99 later decisions (1 by the Supreme Court) — most recently August 2021 · most notably Rose v. Clark (1986), Campbell v. Kincheloe (1987)
70 federal appellate · 8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Strickland v. Washington · Chapman v. State of California · Gregg v. Georgia · Griffin v. California · Bonner v. City of Prichard
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 99 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A crime is a violation of a statute of this State in which there shall be a union or joint operation of act or [omission] to act, an intention or criminal negligence. The acts of a person of sound mind and discretion are presumed to be a product of the person’s will, but that the presumption may be rebutted. A person of sound mind and discretion is presumed to intend the natural and probable consequences of his act, but this presumption may be rebutted. A person will not be presumed to act with criminal intent, but the [trier of] facts, and you are the trier of facts in this case, may find such intention upon considering the words and conduct, demeanor, motive and all other circumstances connected with the act for which the accused is prosecuted. Every person is assumed to be of sound mind and discretion. But the presumption may be rebutted. A specific intent to commit the crime charged in each of these indictments, in each count thereof, is an essen tial element that the State must prove beyond a reasonable doubt and to the exclusion of every other reasonable hypothesis. Intent is always a question for the jury, and is ordinarily ascertained by acts and conduct. The intent may be shown in many ways, provided the jury find beyond a reasonable doubt that it existed from the evidence produced before you.”
2 later decisions quote this exact passage · from the majoritye.g. Thomas v. Kemp · Corn v. Kemp“lack of mercy and danger to society, were supported by the evidence and not improper.”
2 later decisions quote this exact passage · from the dissent“If a Sandstrom error can be harmless when the issue of intent is conceded, it is only a short step to hold that the harmless error doctrine should similarly be applicable where a defendant does not formally concede intent, but focuses his defense entirely upon alibi or a similar defense, in the face of overwhelming evidence that whoever committed the offense did so intentionally. When such overwhelming evidence of intent is left wholly unrebut-ted, it is not unreasonable to think that an appellate court can, depending upon all the facts and circumstances of the case, be satisfied beyond a reasonable doubt that the error was harmless. The appellate court can do so just as readily as in a case where the issue of intent was conceded.”
1 later decision quote this exact passage · from the dissente.g. Lancaster v. Newsome
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.