864 F. Supp. 686 - Rickman v. Dutton’s Empirical Analysis

Citation profile

5 federal appellate · 3 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Livingston[] testified that after being assigned Rickman’s case, he interviewed Rickman and asked him if a statement he had given to the authorities was “true.” Livingston then stated that, after being told by Rickman that the statement was true, “From that point on, my defense was to persuade the District Attorney of Shelby County to allow Ronald Rickman to enter a plea of guilty and accept the life sentence.... ” Livingston assumed that there was no defense to the charge of first-degree murder and failed to conduct any investigation. Livingston acknowledged that he only presented a defense at the sentencing phase of trial. With respect to the guilt phase of trial, he asserted, “There was no defense.” Accordingly, Livingston did not interview any witnesses, conduct any legal research, or obtain and review any records, including those regarding Rickman’s employment, education, mental health, social services contacts, military service, or prison experience. By Livingston’s account, he spent a total of sixteen hours preparing for Rickman’s trial. Livingston’s preparation consisted solely of interviews he conducted with Rickman.”

   1 later decision quote this exact passage
   e.g. Rickman v. Bell

2. “I know this young woman was put in the trunk of that ear. That’s no secret. I know that. And I’m not happy about it. No, sir. I’m not happy. I’m ashamed. I’m ashamed that we live in such a world.... I’m ashamed that this crime has been committed in our community. And I want the family of Debra [sic] Gro-seelose to know that. That I’m ashamed. I’m ashamed that this young woman died in this oven. Mr. Miller, I’m ashamed. I’m ashamed, Mr. Stanton. I don’t condone murder. I know criminal defense lawyers suffer from what is called guilt by association. When I go to church Sunday, they are going to waylay me out at the Bellevue Baptist Church ... [T]hat wild man [Rickman] over there with the gloves on — look at him. He’s wild as a March hare, right now. He may take off after me in a minute. I don’t know. He’s crazy. I know he’s crazy. Because if he’s normal I can only say, thank you, God, I’m abnormal, an [sic] you are abnormal.”

   1 later decision quote this exact passage
   e.g. Rickman v. Bell

3. “If you entertain a reasonable doubt as to any fact or element necessary to constitute the defendant’s guilt, it is your duly to give him the benefit of that doubt and return a verdict of not guilty. Even where the evidence demonstrates a probability of guilt, if it does not establish such guilt beyond a reasonable doubt, you must acquit the accused. This doubt, however, must be a reasonable one; that is one that is founded upon a real tangible substantial basis and not upon mere caprice and conjecture. It must be such doubt as would give rise to a grave uncertainty, raised in your mind by reasons of the unsatisfactory character of the evidence or lack thereof. A reasonable doubt is not a mere possible doubt. It is an actual substantial doubt. It is a doubt that a reasonable man can seriously entertain. What is required is not an absolute or mathematical certainly, but a moral certainty.”

   1 later decision quote this exact passage
   e.g. 938 F. Supp. 1308 - Austin v. Bell