891 So. 2d 384 - Ex Parte Key’s Empirical Analysis

Citation profile

8 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““One factor this Court has considered particularly indicative that a murder is ‘especially heinous, atrocious or cruel’ is the infliction of psychological torture. Psychological torture can be inflicted where the victim is in intense fear and is aware of, but helpless to prevent, impending death. Such torture ‘must have been present for an appreciable lapse of time, sufficient enough to cause prolonged or appreciable suffering.’ Norris v. State, 793 So.2d 847, 861 (Ala.Crim.App.1999).””

   5 later decisions quote this exact passage
   e.g. Beckworth v. State · Ex Parte Deardorff

2. “"The other aggravating circumstance that the State is asking you to consider, and this one it is your duty, it is the burden on the State to prove this to you beyond a reasonable doubt, and that is that this capital offense was especially heinous, atrocious or cruel as compared to other capital offenses. The term heinous means extremely wicked or shockingly evil. The term atrocious means outrageously wicked or violent. The term cruel means designed to inflict a high degree of pain with utter indifference to or even enjoyment of the suffering of others. What is indicated, and what is intended to be included in this aggravating circumstances is those cases where the actual commission of the capital offense is accompanied by such additional acts as to set this crime apart from the norm of capital offenses. For a capital offense to be especially heinous or atrocious, any brutality which is involved in it must exceed that which is normally present in a capital offense. For a capital offense to be especially cruel it must be [conscienceless] or a pitiless crime which is unnecessarily torturous to the victim. Ladies and gentlemen, all capital offenses are heinous, atrocious, and cruel to some extent. What is intended to be covered by this aggravating circumstance is only those cases in which the degree of heinousness, atrociousness or cruelty exceeds those that will always exist when a capital offense is committed. You may consider this if you are convinced beyond a reasonable doubt”

   1 later decision quote this exact passage
   e.g. 246 So. 3d 1032 - Kelley v. State