State v. Keen’s Empirical Analysis

Citation profile

25 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) whether the evidence was legally insufficient to support the jury’s finding of the “especially heinous, atrocious, or cruel” aggravating cii’cumstance; (2) whether permitting the jurors to find either “torture” or “serious physical abuse beyond that necessary to produce death” denied the appellant his constitutional right to a unanimous jury finding of the basis for the “especially heinous, atrocious, or cruel” aggravating circumstance; (3) whether the jury instruction on the “especially heinous, atrocious, or cruel” aggravating circumstance failed to narrow the class of persons eligible for the death penalty; (4) whether the trial court’s failure to permit the jury to consider the sentencing option of life without parole violated the Eighth and Fourteenth Amendments to the United States Constitution and Article I, sections eight and sixteen of the Tennessee Constitution; and (5) whether the trial court erred in refusing the defendant’s special request for an instruction on circumstantial evidence.”

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

2. “Mitigating circumstances. Tennessee law provides that in arriving at the punishment, the jury shall consider as previously indicated any mitigating circumstances raised by the evidence which shall include but are not limited to the following: ... [0]ne, the defendant has no significant history of prior criminal activity. Convictions for the crimes of aggravated assault, aggravated burglary, domestic violence assault, and attempted aggravated burglary are not aggravating circumstances to be considered in determining the penalty but a conviction of that crime may be considered ... in determining whether or not the defendant has a significant history of prior' criminal activity. Two, the youth of the defendant at the time of the crime. Three, the defendant was an accomplice in the murder committed by another person and the defendant’s conduct was relatively minor. Four, the defendant is HTV positive and as a result of his illness, the defendant has attempted to take his own life. Five, the defendant has held several jobs in spite of his illness. Six, the defendant transferred from school to school and was unable to maintain friendships established at school and did not complete high school. Seven, the defendant was one of ten children and he received only limited support from his mother and father. Eight, the defendant’s family moved around from place to place and were never really together. Additionally, some of the children were removed from the home. Nine, the defendant’s two”

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