State v. Kilgore’s Empirical Analysis

Citation profile

4 federal appellate · 86 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 97 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) defendant is a member of a cognizable racial group; (2) the prosecutor has exercised peremptory challenges to remove members of the defendant’s race from the venire; and (3) “that these facts and any other relevant circumstances raise an inference that the prosecutor used that practice to exclude venire persons from the ... jury on account of their race.””

   2 later decisions quote this exact passage
   e.g. State v. Boyd · State v. Lawrence

2. “no evidence that the death sentence was imposed under the influence of passion, prejudice, or other arbitrary factors.”

   2 later decisions quote this exact passage
   e.g. Nave v. Delo · Nave v. Delo

3. “In determining the punishment to be assessed against the defendant for the murder of Robert Wood, you must first unanimously determine whether one or more of the following aggravating circumstances exists: 1.Whether the defendant was convicted of Forcible Sodomy on July 19, 1990 in the Circuit Court of Clay County of Missouri. 2. Whether the defendant was convicted of felonious restraint on July 19, 1990 in the Circuit Court of Clay County of Missouri. 3. Whether the defendant was convicted of assault in the second degree of Ricky Ellmore on August 16, 1990 in the Circuit Court of Jackson County of Missouri. 4. Whether the defendant was convicted of assault in the second degree of Kelli Anson on August 16, 1990 in the Circuit Court of Jackson County of Missouri. 5. Whether the defendant murdered Robert Wood for the purpose of the defendant receiving money or any other thing of monetary value from Robert Wood. 6. Whether the murder of Robert Wood involved depravity of mind and whether, as a result thereof, the murder was outrageously and wantonly vile, horrible, and inhuman. You can make a determination of depravity of mind only if you find that the defendant, while killing Robert Wood or immediately thereafter, purposefully mutilated or grossly disfigured the body of Robert Wood by acts beyond that necessary to cause his death. 7. Whether the murder of Robert Wood was committed for the purpose of avoiding a lawful arrest of defendant. You are further instructed that the burde”

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