827 So. 2d 705 - Randle v. State’s Empirical Analysis
2002
Citation profile
4
cited by 4 later decisions
1
states following
September 2006
most recently cited
4 state decisions
Relationships
Relies on Clemons v. Mississippi · 503 So. 2d 803 - Wetz v. State · 805 So. 2d 452 - Simmons v. State · 711 So. 2d 458 - Collier v. State · 511 So. 2d 1368 - Tolbert 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“You must 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. * * * * Next, to return the death penalty, you must find that the mitigating circumstances ( those which tend to warrant the less severe penalty of life imprisonment) do not outweigh the aggravating circumstances ( those which tend to warrant the death penalty). Consider only the following elements of aggravation in determining whether the death penalty should be imposed: 1) The capital offense was committed by a person under sentence of imprisonment, probation or parole. 2) The capital offense was committed for pecuniary gain during the course of a robbery. You must unanimously find, beyond a reasonable doubt, that one or more of the preceding aggravating circumstances exists in this case to return the death penalty. If none of these aggravating circumstances are found to exist, the death penalty may not be imposed, and you shall write the following verdict on a sheet of paper: "We the jury, find the defendant, Marlon Latodd Howell, should be sentenced to life imprisonment without parole." If one or more of these aggravating circumstances is found to exist, then you must consider whether there are mitigating circumstances which outweigh the aggravating circumstance(s). Consider the following elements of mitigation in determining wh”
1 later decision quote this exact passage“The Court instructs the Jury that the term `especially heinous, atrocious and cruel' as used in these instructions is defined as being a conscienceless and pitiless crime which is unnecessarily torturous to the victim.”
1 later decision quote this exact passage
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.