Hain v. State’s Empirical Analysis
1996
Citation profile
8 federal appellate · 40 state decisions
How this case has been cited
Cited by 54 later decisions — most recently September 2023 · most notably Duvall v. Reynolds (1998), Jack Dale Walker v. Gary Gibson (2000)
8 federal appellate · 40 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Chapman v. State of California · Witherspoon v. Illinois · Arizona v. Fulminante · Wainwright v. Witt · Payne v. Tennessee
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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“To support the aggravator of continuing threat, the State must present evidence showing the defendant's behavior demonstrated a threat to society and a probability that threat would continue to exist in the future.”
4 later decisions quote this exact passage · from the dissente.g. Phillips v. State · Gilson v. State“Mindful of the lack of finality in this area of the law, this Court reaffirms its position that unadjudicated offenses may be introduced during the second stage of a capital trial to support the aggravating circumstance of “continuing threat”. Prior adjudicated cases resulting in convictions for violent felony offenses support a separate aggravator, “prior violent felony”. However, proof of the “continuing threat” aggra-vator is much more than prior convictions; it is the circumstances surrounding the murder for which the defendant has just been convicted and his prior criminal conduct. This is the primary evidence the State must prove to find the “continuing threat” aggravator. Evidence of a defendant’s criminal history is relevant to the jury’s determination as to whether the defendant is likely to commit future acts of violence that would constitute a continuing threat to society. Having such evidence for consideration focuses the jury’s sentencing determination on the particularized circumstances of the offense and the individual offender. To find the use of unadju-dicated offenses improper is a backdoor attempt to find the aggravator unconstitutional contrary to decisions by the United States Supreme Court. Denial of the evidence deprives the government of the. ability to prove a constitutional aggravating circumstance.”
2 later decisions quote this exact passage · from the dissente.g. Douglas v. State · Welch v. State“Our analysis begins with the rebuttable presumption that the accused can receive a fair trial in the county in which the offense occurred...”
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.