State v. Nesbit’s Empirical Analysis
1998
Citation profile
3 federal appellate · 60 state decisions
How this case has been cited
Cited by 64 later decisions — most recently December 2016 · most notably State v. Reid (2002), State v. Banks (2008)
3 federal appellate · 60 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 Jackson v. Virginia · Snyder v. Commonwealth of Massachusetts · Payne v. Tennessee · Booth v. Maryland · Mills v. Maryland
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 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[g]enerally, victim impact evidence should be limited to information designed to show those unique characteristics which provide a brief glimpse into the life of the individual who has been killed, [footnote omitted] the contemporaneous and prospective circumstances surrounding the individual's death, and how those circumstances financially, emotionally, psychologically or physically impacted upon members of the victim's immediate family.”
6 later decisions quote this exact passage · from the concurrencee.g. State v. McKinney · State v. Reid“[T]he State has a legitimate interest in counteracting the mitigating evidence which the defendant is entitled to put in, by reminding the sentencer that just as the murderer should be considered as an individual, so too the victim is an individual whose death represents a unique loss to society and in particular to his family.”
5 later decisions quote this exact passage · from the majority“1. The conduct complained of viewed in light of the facts and circumstances of the case; 2. The curative measures undertaken by the court and the prosecution; 3. The intent of the prosecutor in making the improper arguments; 4. The cumulative effect of the improper conduct and any other errors in the record; and 5. The relative strength and weakness of the case.”
3 later decisions quote this exact passage · from the concurrencee.g. State v. Reid · State v. Reid
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.