Powell v. State’s Empirical Analysis

Citation profile

9 federal appellate · 26 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “.... [T]his Court has limited this aggravating circumstance to cases in which the State proves beyond a reasonable doubt that the murder of the victim was preceded by torture or serious physical abuse, which may include the infliction of either great physical anguish or extreme mental cruelty. "Absent evidence of conscious physical suffering of the victim prior to death, the required torture or serious physical abuse standard is not met." As to the extreme mental cruelty prong of this aggravating circumstance, "torture creating extreme mental distress must be the result of intentional acts by the defendant. The torture must produce mental anguish in addition to that which of necessity accompanies the underlying killing. Analysis must focus on the acts of the defendant toward the victim and the level of tension created." (citations omitted.)”

   2 later decisions quote this exact passage · from the majority
   e.g. Spears v. Mullin · Hain v. State

2. “To prove a murder was especially heinous, atrocious or cruel, the State must introduce competent evidence indicating the victim’s death was preceded by torture or serious physical abuse, which may include the infliction of either great physical anguish or extreme mental cruelty. Perry v. State, 893 P.2d 521, 533-34 (Okl.Cr.1995); Booker v. State, 851 P.2d 544, 548 (Okl.Cr.1993); Battenfield v. State, 816 P.2d 555, 565 (Okl.Cr.1991), cert. denied, 503 U.S. 943 , 112 S.Ct. 1491 , 117 L.Ed.2d 632 (1992). To support a finding of serious physical abuse, the State must show the victim endured conscious physical suffering prior to death. Stafford v. State, 832 P.2d 20, 23 (Okl.Cr.1992). As we stated in Perry , it is critical the State prove the victim consciously suffered prior to death. Perry, 893 P.2d at 534 Prosecutors have proved this aggravator by introducing evidence the victim suffered numerous defensive wounds indicating that the victim was conscious and attempted to fight off her attacker; statements from the defendant indicating the victim consciously suffered serious physical abuse or extreme mental cruelty prior to death; witness testimony that the victim was alive and conscious at the time the physical abuse was inflicted; or medical evidence that the victim was conscious during the infliction of serious physical injury.”

   1 later decision quote this exact passage · from the majority
   e.g. 415 F. Supp. 2d 1268 - Brown v. Sirmons

3. “AEDPA”), petitioners cannot appeal the denial of habeas relief under 28 U.S.C. § 2254 unless a certificate of appealability is granted ("COA”). In the instant case, a COA was granted on all issues discussed in this opinion. 3 . Hensley and Daniels were held on a material-witness bond of twenty-five thousand dollars. 4 . Dr. Balding was uncertain whether a large cut on Thompson’s chest where there was some hemorrhage was peri-mortem, because Thompson had received several blows to the chest region which also caused hemorrhage. Likewise, because there was massive head trauma with bleeding, Dr. Balding was uncertain whether the stab wound to the right side of Thompson’s head was peri-mortem. 5 . The federal district court did find exhibit 50, showing Thompson's black eye and swollen face, to be probative of whether he endured physical abuse before death, if he was conscious during the beating. However, even if this one photograph did not render the trial fundamentally unfair, we conclude the others did. 6 . We note that the OCCA stated that there was a "plethora of evidence Thompson endured serious physical anguish prior to death.”

   1 later decision quote this exact passage · from the majority
   e.g. Spears v. Mullin