State v. Branam’s Empirical Analysis

Citation profile

2 federal appellate · 21 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “death is a disproportionate penalty ... where it is imposed against a defendant solely for participation in a robbery in which another robber takes life, without proof that the defendant himself attempted or intended to kill or intended that lethal force be used.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. State v. Burns · State v. Harris

2. “In the past, when this Court has set aside one of a number of aggravating circumstances as improperly submitted, we have generally held that the case must be remanded for a new hearing on punishment. T.C.A. § 39-13-204(k) (1991) (citations omitted). In this case, however, the only remaining aggravating circumstance — murder committed in the course of another felony — cannot be considered upon remand, under the rule recently announced by the Court in State v. Middlebrooks, 840 S.W.2d 317, 319 (Tenn. 1992). It follows that under state law, the defendant cannot be sentenced to death and his sentence must be set at life imprisonment.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Harris

3. “The murder was committed while the defendant was engaged in committing, or was an accomplice in the commission of, or was attempting to commit, or was fleeing after committing or attempting to commit, any first degree murder, arson, rape, robbery, burglary, theft, kidnaping, aircraft piracy, or unlawful throwing, placing or discharging of a destructive device or bomb.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Harris