Rust v. Hopkins’s Empirical Analysis

Citation profile

13 federal appellate · 5 district · 5 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. “the entire first tier of the sentencing process was invalid[ated],”

   4 later decisions quote this exact passage · from the majority
   e.g. Parker v. Norris · 871 F. Supp. 1182 - Reeves v. Hopkins

2. “Neb.Rev.Stat. Sec. 29-2523(1)(d) (emphasis added). The plain language of aggravating circumstance (1)(d) describes two separate components, requiring the sentencing panel to consider: (1) whether the murder was especially heinous, atrocious or cruel; or (2) whether the murder manifested exceptional depravity by ordinary standards of morality and intelligence. Aggravating circumstance (1)(d)”

   2 later decisions quote this exact passage · from the majority
   e.g. Williams v. Clarke · Joubert v. Hopkins

3. “The second issue is whether the proceedings in the Nebraska Supreme Court were essentially an unreviewable resentencing in violation of Rust’s constitutional rights____ The district court concluded that ... Rust was deprived of his state statutory right ... to have the Nebraska Supreme Court review that sentence. In . effect, the Nebraska Supreme Court acted as an unreviewable sentencing panel when it made its findings that the aggravating factors had been proven beyond a reasonable doubt.”

   1 later decision quote this exact passage · from the majority
   e.g. 871 F. Supp. 1182 - Reeves v. Hopkins