784 So. 2d 884 - King v. State’s Empirical Analysis

Citation profile

56 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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “You should consider and weigh any aggravating and mitigating circumstances, as set forth later in this instruction, but you are cautioned not to be swayed by mere sentiment, conjecture, sympathy, passion, prejudice, public opinion or public feeling.”

   6 later decisions quote this exact passage · from the concurrence
   e.g. 842 So. 2d 531 - Flowers v. State · 860 So. 2d 653 - Jackson v. State

2. “The state and the defendant and/or his counsel shall be permitted to present arguments for or against the sentence of death.”

   6 later decisions quote this exact passage
   e.g. King v. State · Galloway v. State

3. “[B]ecause the instruction does not inform the jury that it must disregard in toto sympathy ... the instruction is a proper statement of the law.”

   4 later decisions quote this exact passage
   e.g. 842 So. 2d 531 - Flowers v. State · 913 So. 2d 198 - Walker v. State