889 So. 2d 1 - Duke v. State’s Empirical Analysis

Citation profile

1 federal appellate · 31 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he Ring Court held that any aggravating circumstance that increased a sentence to death must be proved to a jury beyond a reasonable doubt,”

   7 later decisions quote this exact passage · from the concurrence
   e.g. Stephens v. State · Bryant v. State

2. “that the jury unanimously find the existence of an aggravating circumstance in order to make the defendant death-eligible.”

   4 later decisions quote this exact passage · from the concurrence
   e.g. Kirksey v. State · Kirksey v. State

3. ““ ‘When considering whether a particular capital offense was “especially heinous, atrocious or cruel,” this Court adheres to the standard set out in Ex parte Kyzer, 399 So.2d 330, 334 (Ala.1981), namely, that the particular offense must be one of those “conscienceless or pitiless homicides which are unnecessarily torturous to the victim.’” Duke v. State, [ 889 So.2d 1, 36 (Ala.Crim.App.2002)].””

   3 later decisions quote this exact passage
   e.g. Yeomans v. State · 913 So. 2d 1148 - Miller v. State