State v. Hutchison’s Empirical Analysis

Citation profile

2 federal appellate · 36 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “any other mitigating factor which is raised by the evidence produced by either the prosecution or defense at either the guilt or sentencing hearing, that is, you shall consider any aspect of the defendant’s character or record, or any aspect of the circumstances of the offense favorable to the defendant which is supported by the evidence.”

   2 later decisions quote this exact passage
   e.g. State v. Kiser · State v. Thacker

2. “Tennessee law provides that no sentence of death or sentence of imprisonment shall be imposed by a jury but upon unanimous finding that the State has proved beyond a reasonable doubt the existence of one or more statutory aggravating circumstances. The jury resumed their deliberations, and, three hours later reached its verdict imposing a sentence of death. The Appellant now submits that the trial court erred in failing to give the jury accurate sentencing information as to the consequence of their failure to reach a verdict. He argues that the trial court’s failure to properly respond to the jury’s question “gives rise to a reasonable probability of a coerced verdict.” Contemporaneously, he asks this Court to find section 39 — 13—204(h), Tennessee Code Annotated, unconstitutional in the context of the present case. The trial court adhered to legislative direction in its instruction to the jury. See Tenn.Code Ann. § 39-13-204(0(1), (2); - 204(g)(1). The trial court further respected the legislature’s admonition contained in section 39-13-204(h), Tennessee Code Annotated, “The judge shall not instruct the jury, nor shall the attorneys be permitted to comment at any time to the jury, on the effect of the jury’s failure to agree on a punishment.” In this regard, we cannot conclude that the trial court erred by refusing to ignore legislative directive. The Appellant also attacks the failure to fully inform the jury as to the consequences if the jury fails to reach a unanimous ver”

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

3. “After closing arguments in the sentencing hearing, the trial judge shall include in the instructions for the jury to weigh and consider any of the statutory aggravating circumstances set forth in subsection (i) which may be raised by the evidence at either the guilt or sentencing hearing, or both. The trial judge shall also include in the instructions for the jury to weigh and consider any mitigating circumstances raised by the evidence at either the guilt or sentencing hearing or both which shall include, but not be limited to, those circumstances set forth in subsection (j). No distinction shall be made between mitigating circumstances as set forth in subsection (j) and those otherwise raised by the evidence which are specifically requested by either the state or the defense to be instructed to the jury. These instructions and the manner of arriving at a sentence shall be given in the oral charge and in writing to the jury for its deliberations.”

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