Salazar v. State’s Empirical Analysis

Citation profile

28 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. “Nearly half of the photographs showed [the victim] as an infant, toddler, or small child, but [the defendant] murdered an adult, not a child. He extinguished [the victim’s] future, not his past. The probative value of the vast majority of these “infant-growing-into-youth” photographs is de minimis. However, their prejudicial effect is enormous because the implicit suggestion is that [the defendant] murdered this angelic infant; he killed this laughing, light-hearted child; he snuffed out the life of . . . the young boy hugging his blond puppy dog.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Addison · 42 Cal. 4th 763 - People v. Kelly

2. “In that murder trial, the court admitted a 17minute `video montage' tribute to the murder victim—approximately 140 photographs set to emotional music, including `My Heart Will Go On,' sung by Celine Dion and featured prominently in the film Titanic (20th Century Fox 1997). [Citation.] Reversing a lower appellate court decision finding the presentation admissible, the Texas Court of Criminal Appeals remanded for an assessment of prejudice. In so ruling, the state high court observed, among other things, that `the punishment phase of a criminal trial is not a memorial service for the victim. What may be entirely appropriate eulogies to celebrate the life and accomplishments of a unique individual are not necessarily admissible in a criminal trial' [citation], and that `we caution that victim impact and character evidence may become unfairly prejudicial through sheer volume. Even if not technically cumulative, an undue amount of this type of evidence can result in unfair prejudice .... Hence, we encourage trial courts to place appropriate limits upon the amount, kind, and source of victim impact and character evidence.' [Citation.]”

   1 later decision quote this exact passage · from the majority
   e.g. 42 Cal. 4th 763 - People v. Kelly

3. “approximately 140 still photographs, arranged in a chronological montage. Music accompanie[d] the entire seventeen-minute video and include[d] such selections as “Storms in Africa” and “River” by Enya, and conclude[d] with Celine Dion singing, “My Heart Will Go On,” from the movie Titanic. Almost half of the approximately 140 photographs depictfed] the victim’s infancy and early childhood. The pictures show[ed] an angelic baby, surrounded by loving parents, grandparents, unidentified relatives, and other small children. Later photographs showfed] [the victim] as a toddler, playing the piano, frolicking at the beach with other friends, happily riding on a carousel, laughing in a field of bluebonnets, and cuddling with a puppy. The video also include[d] numerous annual school pictures showing [the victim’s] progression from a cheerful child to an equally cheerful young man. It catalogued] his evident and early prowess as a young soccer player and eventually as a football player. There [was] a picture of him and his date, presumably going to their prom, and more candid shots of the victim and his teen-age buddies.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Addison