State v. Petary’s Empirical Analysis
1989
Citation profile
43
cited by 43 later decisions
1
states following
August 2014
most recently cited
6 federal appellate · 36 state decisions
How this case has been cited
Cited by 43 later decisions — most recently August 2014 · most notably State v. Brown (1995), State v. Ervin (1992)
6 federal appellate · 36 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 Gregg v. Georgia · Lockett v. Ohio · Caldwell v. Mississippi · Ake v. Oklahoma · Eddings v. Oklahoma
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“INSTRUCTION NO. 20 In determining the punishment to be assessed against the defendant for the murder of Cheri Johnson, you must first unanimously determine whether one or more of the following aggravating circumstances exists: 1. Whether the defendant murdered Cheri Johnson for the purpose of the defendant receiving money or any other thing of monetary value from Cheri Johnson. 2. Whether the murder of Cheri Johnson 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 a. That the defendant inflicted physical pain or emotional suffering on Cheri Johnson and that the defendant did so for the purpose of making her suffer before dying; b. That the defendant killed Cheri Johnson after she was rendered helpless by the defendant and that the defendant thereby exhibited a callous disregard for the sanctity of all human life; c. That the defendant committed repeated and excessive acts of physical abuse upon Cheri Johnson, and that the killing was therefore unreasonably brutal. 3. Whether Cheri Johnson was a potential witness in a pending investigation, namely the forcible taking of her jewelry and the assault upon her person on November 30, 1987 and was killed as a result of her status as a potential witness.... INSTRUCTION NO. 21 If you have found beyond a reasonable doubt that one or more of the aggravating circumstances submitted in Instru”
1 later decision quote this exact passage · from the concurrencee.g. State v. Simmons“Basile argues that the trial court plainly erred in submitting Jury Instruction No. 14 in the penalty phase, and the post-conviction court erred in failing to find ineffective assistance of counsel for not objecting to the instruction. Instruction No. 14 as given reads as follows: If you have found beyond a reasonable doubt that one or more of the aggravating circumstances submitted in Instruction No. 13 exist, then, in determining the punishment to be assessed against the defendant for the murder of Elizabeth A. DeCaro, you may also consider: 1. Whether defendant pled guilty to burglary in the second degree on October 23, 1984, in Cause No. 512542 in the circuit court of St. Louis County, Missouri. 2. Whether defendant pled guilty to stealing property of a value of at least $150.00 on October 23, 1984, in Cause Number 512542 in the Circuit Court of St. Louis County, Missouri. 3. Whether the defendant threatened the life of Dave Carr in a letter written to Lisa Carr postmarked April 26, 1994. 4. Whether defendant threatened the life of Dave Carr in a letter written to Lisa Carr postmarked June 27, 1995. 5. Whether defendant choked Therese McCormack by placing his hands around her neck in the summer of 1984. The instruction failed to comply with MAI-CR3d 313.41 by leaving out the following paragraphs: You are further instructed that the burden rests upon the State to prove the circumstances beyond a reasonable doubt. On each circumstance that you find beyond a reasonable doubt”
1 later decision quote this exact passage“If you decide that one or more sufficient aggravating circumstances exist to warrant the imposition of death, as submitted in Instruction No. 16, you must then determine whether one or more mitigating circumstances exist which outweigh the aggravating circumstance or circumstances so found to exist. In deciding that question, you may consider all of the evidence relating to the murder of Kathy Allen. * * * * * * You may also consider any circumstances which you find from the evidence in mitigation of punishment. If you unanimously find that one or more mitigating circumstances exist sufficient to outweigh the aggravating circumstances found by you to exist, then you must return a verdict fixing defendant’s punishment at imprisonment for life by the Division of Corrections without eligibility for probation or parole.”
1 later decision quote this exact passagee.g. State v. Petary
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.