Murray v. State’s Empirical Analysis

Citation profile

2 federal appellate · 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When investigating the possibility of having Ms. Woods [petitioner's wife] testify, either as an alibi witness during the guilt phase of the trial or as a witness during the penalty stage, [petitioner's] counsel learned that persons Ms. Woods contended could corroborate [petitioner's] alibi admitted to counsel's investigator that [petitioner] had previously contacted them and conceded his involvement in the crimes.3 * * * * * When counsel informed [petitioner] about the information she had received, [petitioner] said he would "clear it up." Counsel is not ineffective for failing to present perjured testimony. Allen v. State, 518 S.W.2d 170 (Mo.App. 1974). Counsel testified at the motion hearing that she decided as a matter of trial strategy not to endorse or call Ms. Woods as a witness because of her concern the state would then be able to locate those other persons and their extremely damaging testimony. * * * * * * Counsel stated that she did not consider attempting to have [petitioner's] children testify during the penalty stage; however, assuming arguendo that this amounted to a breach of counsel's professional duty, [petitioner] failed to establish any prejudice from the alleged deficiency. [Petitioner's] children were nine, seven, and six years old at the time of the hearing, and testified that they loved their father and wanted him to come home. The motion court, after observing the children testify at the hearing, found them incompetent as witnesses under § 491.060, R”

   1 later decision quote this exact passage
   e.g. Murray v. Delo

2. “[Petitioner's] counsel actively participated in the questioning and astutely asked whether any other jurors were present when the comments were made. Venireman Farroll responded: No. By the time he [Van Buren] mentioned this, his opinion and his experiences, we were on the sidewalk far down the building, and we were the only two walking together to the garage at that point and rode up the elevator together to the same level. To the best of my knowledge[,] there would have been no one else within hearing. Venireman Farroll also stated that the comments did not have an impact on her, although after further reflection, she would not be able to impose the death penalty, and the court sustained the state's motion to strike her for cause. At this point, [petitioner's] counsel continued to pursue the matter by alertly requesting "since we don't know who this other person is that [Farroll] not be excused from the panel, and go through the rest of the voir dire, so she can point out to us who that person is." Prior to the initial jury instructions and opening statements, a record was made indicating defense counsel had investigated the incident further and venireman Farroll was able to identify venireman Van Buren, who had already been struck for cause, as the man who had made the comments to her.”

   1 later decision quote this exact passage
   e.g. Murray v. Delo

3. “The record indicates that counsel raised a general written objection to the instruction and objected orally during trial; however, assuming arguendo that counsel's objections were insufficient, we find no prejudice from the alleged inadequacy of counsel. On direct appeal we found sufficient evidence to support the instruction, noting that the victims were shot execution-style after being held hostage for approximately three hours, during which time they were bound, gagged, and beaten. [Petitioner] and his accomplices stabbed knives into the floor directly beside the victims, and, while the victims were helplessly bound, sexually assaulted two women who had also been with the victims in the house when the intruders arrived. Thus the evidence indicated that the victims were subjected to serious physical and emotional abuse and that [petitioner's] actions were in callous disregard for the sanctity of human life, State v. Griffin, 756 S.W.2d 475, 489-90 (Mo. banc 1988), and under these circumstances the depravity of mind instruction is not unconstitutionally vague. Jones v. State, 767 S.W.2d 41, 45 (Mo. banc 1989).”

   1 later decision quote this exact passage
   e.g. Murray v. Delo