Mitchell v. State’s Empirical Analysis

Citation profile

4 federal appellate · 62 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 73 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “not phrased in personal terms, but appealed to the jury's understanding of justice and asked that standard be upheld.”

   4 later decisions quote this exact passage
   e.g. Hammon v. State · Grissom v. State

2. “In proposition three Mitchell claims the trial court erred in finding Mitchell’s confessions were knowingly, intelligently and voluntarily given and in permitting the jury to hear evidence of the confessions. The proposition seems to go only to that portion of the confession taped after Mitchell asked if he needed an attorney. During the second tape Mitchell abandoned his story of two black men who did everything, and admitted participation in a robbery and assault on Scott, while insisting that another man (not mentioned in the first tape) bore the greater responsibility and delivered the fatal blows. Insofar as the proposition relies on the theory that Mitchell requested counsel before the second taped statement, it must fail. Mitchell also argues more generally that his confession was the product of coercion. A confession is voluntary if it is the product of the maker’s free and unconstrained choice, and courts should look to the totality of the circumstances surrounding the confession, including the character of the defendant and the details of the interrogation. 16 The trial court must determine whether a defendant actually invoked his right to counsel; if so, any response to further questioning will be admissible only if the defendant initiated further discussion and knowingly and intelligently waived the right he had invoked. 17 Mitchell did not invoke Ms right to counsel between the first and second taped statements, nor did he request counsel when he was informed of ”

   2 later decisions quote this exact passage
   e.g. Mitchell v. State · 150 F. Supp. 2d 1194 - Mitchell v. Ward

3. “If you unanimously find that one or more of the aggravating circumstances existed beyond a reasonable doubt, unless you also unanimously find that any such aggravating circumstance or circumstances outweigh the finding of one or more mitigating circumstances, the death penalty shall not be imposed.”

   2 later decisions quote this exact passage
   e.g. Ledbetter v. State · 150 F. Supp. 2d 1194 - Mitchell v. Ward