Goodwin v. State’s Empirical Analysis

Citation profile

58 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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]hen faced with the ambiguous voir dire record of a venireperson who indicates both an inability to follow the law because of her views on the death penalty, and an ability to follow her oath and the law as instructed by the court, great deference should be given to the decision of the trial judge. A trial court’s ruling on these issues should be reversed “only when the record shows a clear abuse of discretion.””

   3 later decisions quote this exact passage
   e.g. Cantu v. State · Hai Hai Vuong v. State

2. “Despite ... lack of clarity in the printed record, however, there will be situations where the trial judge is left with the definite impression that a prospective juror would be unable to faithfully and impartially apply the law ... this is why deference must be paid to the trial judge who sees and hears the jurors.”

   2 later decisions quote this exact passage
   e.g. Cantu v. State · Kemp v. State

3. “Prosecutor: Okay. Question two is a little bit more difficult. If you can go ahead and read along with me as I read the question. Question two says whether there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society. Now, you are being asked to look at the defendant’s past behavior and decide probabilities, which means is there a chance, is there a likelihood that he is dangerous, that he poses a threat to society, that he will commit acts of violence on society. Do you follow so far? Venireman: Yes, ma’am. Prosecutor: Now, it doesn’t mean you have to be 100 percent sure, because nobody is 100 percent sure of anything, and so you can deal with probabilities. Now, sometimes you can have the past criminal history of a person and you find that he has a criminal record. Let’s say that you find he has been to prison once before for a similar act, for stealing or something. Let’s say that you find out he is on probation for a drug offense. Those are facts that you have to consider to be able to answer question two. Now, my question to you, Mr. [name], is can you and will you answer question two based on the facts that you hear? Venireman: Yes, ma’am. Prosecutor: Okay, and if the State convinces you beyond a reasonable doubt to answer question two yes, will you answer it yes, knowing the death penalty will be imposed? Venireman: No, ma’am. Prosecutor: Okay, you said you would not answer it yes? Do you want me ”

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