Shelton v. State’s Empirical Analysis

Citation profile

3 federal appellate · 24 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]his Court does not encourage the use of photographs taken of victims before their demise and we caution prosecutors to first seek other forms of proof which are less prejudicial.”

   2 later decisions quote this exact passage
   e.g. Valdez v. State · Wilks v. State

2. “Relying on Ake v. Oklahoma, 470 U.S. 68 , 105 S.Ct. 1087 , 84 L.Ed.2d 53 (1985), Appellant next contends the trial court denied him due process by refusing to either appoint an investigator to assist with his defense or grant his attorney travel funds to be used for investigation of his case. Ake requires that the trial court appoint a psychiatrist or psychologist to assist with the defense when a defendant makes an ex parte preliminary showing to the trial judge that his sanity is likely to be a significant factor at trial. 470 U.S. at 83 , 105 S.Ct. at 1096. In this case, Appellant did not attempt an insanity defense. In Standridge v. State, 701 P.2d 761 (Okl.Cr. 1985) this Court left open the question whether the Ake holding extended to assistance other than a psychiatric expert. Subsequently, this Court has held Ake does not mandate the appointment of an investigator. Vowell v. State, 728 P.2d 854 (Okl.Cr. 1986). In Castro v. State, 745 P.2d 394, 399 (Okl.Cr. 1987) cert. denied 485 U.S. 971 , 108 S.Ct. 1248 , 99 L.Ed.2d 446 (1988) we held the trial court did not err in denying defendant's pre-trial motion for expense money in order to continue to interview witnesses and prepare for trial. In the instant case, Appellant has not demonstrated he was denied access to evidence which is material to either guilt or punishment. Appellant has failed to show substantial prejudice from the lack of these requested funds and the appointment of an investigator. We find the trial court ”

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

3. “The State’s argument fell within the wide latitude possessed by both the defendant and the State to discuss freely, from their standpoint the evidence, as well as inferences and deductions arising therefrom. Reversal will occur only when argument by counsel for the State is grossly improper and unwarranted on some point which may affect the defendant. [[Image here]] Appellant does not advise this Court as to how these remarks affected him, therefore, we will not address this argument.”

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