936 So. 2d 89 - State v. Turner’s Empirical Analysis

Citation profile

2 federal appellate · 15 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) “[Intellectual disability]” means a disability characterized by significant limitations in both intellectual functioning and adaptive behavior as expressed in ' conceptual, social, and practical adaptive skills. The onset must occur before the age of eighteen years.”

   5 later decisions quote this exact passage
   e.g. Brumfield v. Cain · State v. Anderson

2. “[n]either Atkins nor other controlling legal principles compel the selection of a specific fact finder regarding mental retardation or require the determination be made at a specific point in the adjudication process.”

   3 later decisions quote this exact passage
   e.g. State v. Holmes · State v. Bell

3. “A. Notwithstanding any other provisions of law to the contrary, no person who is mentally retarded shall be subjected to a sentence of death. B. Any capital defendant who claims to be mentally retarded shall file written notice thereof within the time period for filing of pretrial motions as provided by Code of Criminal Procedure Article 521. C. (1) Any defendant in a capital case making a claim of mental retardation shall prove the allegation by a preponderance of the evidence. The jury shall try the issue of mental retardation of a capital defendant during the capital sentencing hearing unless the state and the defendant agree that the issue is to be tried by the judge. If the state and the defendant agree, the issue of mental retardation of a capital defendant may be tried prior to trial by the judge alone. (2) Any pretrial determination by the judge that a defendant is not mentally retarded shall not preclude the defendant from raising the issue at the penalty phase, nor shall it preclude any instruction to the jury pursuant to this Section.”

   2 later decisions quote this exact passage
   e.g. State v. Holmes · State v. Bell