State v. Ervin’s Empirical Analysis
1998
Citation profile
3 federal appellate · 50 state decisions
How this case has been cited
Cited by 55 later decisions — most recently August 2014 · most notably Deck v. State (2002), State v. Middleton (1999)
3 federal appellate · 50 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 Miranda v. State of Arizona Vignera · Bruton v. United States · Gregg v. Georgia · Wainwright v. Witt · American Manufacturers Mutual Insurance v. United States
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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In determining the punishment to be assessed against the defendant for the murder of Thomas N. Stewart, you must first unanimously determine whether one or more of the following statutory aggravating circumstances exists: 2. Whether the murder of Thomas N. Stewart involved depravity of mind and whether, as a result thereof, the murder was outrageously and wantonly vile, horrible, and inhuman. You may make a determination of depravity of mind only if you find: that the defendant committed repeated and excessive acts of physical abuse upon Thomas N. Stewart and that the killing was therefore unreasonably brutal.”
1 later decision quote this exact passagee.g. State v. Johns“Photographs are relevant if they show the scene of the crime, the identity of the victim, the nature and extent of the wounds, the cause of death, the condition and location of the body, or other wise constitute proof of an element of the crime or assist the jury in understanding the testimony.”
1 later decision quote this exact passagee.g. State v. Strong“Whenever there is an MAI-CR instruction applicable under the law. . ., the MAI-CR instruction is to be given to the exclusion of any other instruction.”
1 later decision quote this exact passagee.g. State v. Deck
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.