Workman v. State’s Empirical Analysis

Citation profile

5 federal appellate · 7 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “a) The defendant knowingly created a great risk of death to two (2) or more persons, other than the victim murdered, during the act of murder, Tenn. Code Ann. § 39-2-203 (i)(3); b) The murder was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or prosecution of the defendant or another, Tenn. Code Ann. § 39-2-203 (i)(6); c) 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, the offense of robbery, Tenn. Code Ann. § 39-2-203 (i)(7); d) The murder was committed by the defendant while in lawful custody or in a place of lawful confinement or during the defendant’s escape from lawful custody or from a lawful place of confinement, Tenn.Code Ann. § 39 — 2—203(i)(8); and e) The murder was committed against any law enforcement officer, corrections official, corrections employee or firefighter, who was engaged in the performance of official duties, and the defendant knew or reasonably should have known that such victim was a law enforcement officer, corrections official, corrections employee or firefighter engaged in the performance of official duties, TenmCode Ann. § 39-2-203(i)(9).”

   3 later decisions quote this exact passage
   e.g. Workman v. Bell · Workman v. Bell

2. “First, absolutely no additional evidence was submitted as a result of the invalid aggravating circumstance. Thus, the jury did not improperly consider any evidence in making its findings. Second, the jury found four other aggravating circumstances. One of these was the fact that petitioner murdered a police officer acting in the line of duty. Another was that defendant knowingly created a great risk of death to two or more persons, other than the murder victim. Third, petitioner presented no evidence of any mitigating circumstances at the sentencing phase. The only evidence in the entire record that could possibly support a finding of any mitigating circumstance is petitioner’s testimony at the guilt phase of the proceeding that he was a drug user and under the influence of drugs at the time of the offense, the fact that no evidence suggests that the murder was planned before petitioner’s encounter with Oliver, and petitioner’s testimony that he shot after pulling his own gun out to give to the officers. Fourth, defendant did not challenge the evidence as to any of the aggravating circumstances submitted to the jury; there was no fact issue before the jury concerning any of these.”

   2 later decisions quote this exact passage
   e.g. Workman v. Bell · Philip R. Workman v. Ricky Bell

3. “The evidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. A ‘reasonable probability’ is a probability sufficient to undermine confidence in the outcome.”

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