State v. Barker’s Empirical Analysis
2004
Citation profile
17
cited by 17 later decisions
2
states following
May 2016
most recently cited
14 state decisions
Relationships
Relies on Apprendi v. New Jersey · Ring v. Arizona · Immigration and Naturalization Service v. Enrico St Cyr · Dorchy v. State of Kansas · Harrison v. State
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A statute bad in part is not necessarily void in its entirety. Provisions within the legislative power may stand if separable from the bad. But a provision, inherently unobjectionable, cannot be deemed separable unless it appears both that, standing alone, legal effect can be given to it and that the legislature intended the provision to stand, in case others included in the act and held bad should fall.”
3 later decisions quote this exact passage“discharge the jury and proceed as if the hearing had been to the court alone.”
2 later decisions quote this exact passagee.g. Wilkes v. State · Lambert v. State“Before a sentence may be imposed under this section, the jury, in a proceeding under subsection (e), or the court, in a proceeding under subsection (g), must find that: (1) the state has proved beyond a reasonable doubt that at least one (1) of the aggravating circumstances listed in subsection (b) exists; and (2) any mitigating circumstances that exist are outweighed by the aggravating circumstance. or circumstances. © ‘”
1 later decision quote this exact passagee.g. McManus v. State
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.