State v. Shafer’s Empirical Analysis

Citation profile

2 federal appellate · 54 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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “THE COURT: At this stage of the proceedings, Mr. Shafer, you have an opportunity to offer any evidence or statement in mitigation, which means on why the Court should sympathize with you and why the Court should give you the lesser of the two sentences, meaning give you life instead of the death sentence, you understand that? THE DEFENDANT: Yes, I understand that. THE COURT: And, then, the State has the right to make a statement ÔÇö or offer evidence, excuse me, of aggravating circumstances, if they so desire, and I'll have to hear from them as to what they want to do, do you understand? THE DEFENDANT: Yes. THE COURT: All right. Do you wish to offer any statement or evidence in mitigation? THE DEFENDANT: No, I don't. THE COURT: Do you wish to make any statement at all to the Court in regard to what sentence the Court should impose against you? THE DEFENDANT: Well, I'd like to go back to the letter that I gave the Court, the first letter, and all of the letters that I have sent to the court and take that into consideration when I ask for the death penalty. THE COURT: And by this, do you understand that you're requesting the Court to impose the death penalty against you? THE DEFENDANT: Yes, I do. THE COURT: And that's what you're requesting? THE DEFENDANT: Yes, I am. THE COURT: All right.”

   1 later decision quote this exact passage · from the majority
   e.g. 168 F. Supp. 2d 1055 - Shafer v. Bowersox

2. “1) Whether the sentence was imposed under the influence of passion, prejudice, or any other arbitrary factor; 2) Whether a statutory aggravating circumstance and any other circumstances found by the trier of fact were supported by the evidence; and 3) Whether the sentence is excessive or disproportionate to the punishment imposed in similar cases, considering both the crime, the strength of the evidence and the defendant.”

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

3. “When an appellant/movant claims that a waiver of counsel or guilty plea violates due process, the state bears the burden of producing evidence that the waiver or plea is competently, voluntarily and understandingly made.” Shafer, 969 S.W.2d at 727 . Once the state presents prima facie evidence of a constitutional waiver or plea,”

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