Power v. State’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Finally, Power argued at the circuit court that the ABA report entitled Evaluating Fairness and Accuracy in the State Death Penalty System: The Florida Death Penalty Assessment Report, published September 17, 2006, constitutes newly discovered evidence proving that imposition of the death penalty is cruel and unusual punishment in violation of the Eighth Amendment. Power correctly and candidly acknowledges that we rejected this argument in Rolling and Rutherford [v. State, 940 So.2d 1112 (Fla.2006) ]. In both cases, we concluded that this very same ABA report did not constitute newly discovered evidence and that "nothing in the report would cause this Court to recede from its past decisions upholding the facial constitutionality of the death penalty." Rolling, 944 So.2d at 181 (citing Rutherford, 940 So.2d at 1118 ). Furthermore, as in Rolling and Rutherford, Power has "not allege[d] how any of the conclusions in the report would render his individual death sentence unconstitutional." Rolling, 944 So.2d at 181 ; see also Rutherford, 940 So.2d at 1118 . For these same reasons, we affirm the circuit court's summary denial of Power's claim.”

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

2. “not allege[d] how any of the conclusions in the report would render his individual death sentence unconstitutional.”

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