State v. Vann’s Empirical Analysis

Citation profile

1 district · 39 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Tennessee law provides that no sentence of death or sentence of imprisonment shall be imposed by a jury but upon unanimous finding that the State has proved beyond a reasonable doubt the existence of one or more statutory aggravating circumstances. The jury resumed their deliberations, and, three hours later reached its verdict imposing a sentence of death. The Appellant now submits that the trial court erred in failing to give the jury accurate sentencing information as to the consequence of their failure to reach a verdict. He argues that the trial court’s failure to properly respond to the jury’s question “gives rise to a reasonable probability of a coerced verdict.” Contemporaneously, he asks this Court to find section 39 — 13—204(h), Tennessee Code Annotated, unconstitutional in the context of the present case. The trial court adhered to legislative direction in its instruction to the jury. See Tenn.Code Ann. § 39-13-204(0(1), (2); - 204(g)(1). The trial court further respected the legislature’s admonition contained in section 39-13-204(h), Tennessee Code Annotated, “The judge shall not instruct the jury, nor shall the attorneys be permitted to comment at any time to the jury, on the effect of the jury’s failure to agree on a punishment.” In this regard, we cannot conclude that the trial court erred by refusing to ignore legislative directive. The Appellant also attacks the failure to fully inform the jury as to the consequences if the jury fails to reach a unanimous ver”

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

2. “Any person who employs a firearm during the commission [of] or attempt to commit aggravated burglary is guilty of a crime. For you to find the defendant guilty of this offense, the State must have proven beyond a reasonable doubt the existence of the following essential elements: 1. That the defendant employed a firearm; and 2. That the employment was during the commission of or attempt to commit aggravated burglary; and 3. That the defendant acted either intentionally, knowingly, or recklessly. You’ve already been charged with the elements of the offense of aggravated burglary and attempt. Employ means to make use of. Firearm means any weapon designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use. Aggravated burglary is a dangerous felony. I’ve already given you the definitions of intentionally, knowingly, and recklessly-”

   1 later decision quote this exact passage · from the majority
   e.g. State of Tennessee v. Broderick Devonte Fayne

3. “5. The death penalty statute fails to sufficiently narrow the population of defendants convicted of first degree murder, who are eligible for a sentence of death in violation of the Eighth and Fourteenth Amendments to the United States Constitution and Article I, Sections 8 & 16 of the Tennessee Constitution.”

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