State v. Deck’s Empirical Analysis

Citation profile

1 federal appellate · 113 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 116 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he State’s reasons were not merely pretextual; that the strikes, I don’t believe, were racially motivated in this case and I — this Court’s chief consideration being the plausibility of the Prosecutor’s explanation in view of the totality of the facts and circumstances surrounding the issues in this matter. So I do make that finding at this time. I also note there — there was not a — a tremendous number of — of black people — or people of color, as we would call it — on this panel to choose from, but there has been one strike, and that’s the only strike that I see in term — or that I know of by the State, in any event, that was— that even had the plausibility of being racially motivated.”

   3 later decisions quote this exact passage
   e.g. State v. Martin · State v. Williams

2. “(1) Whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbi-traryfactor; and (2) Whether the evidence supports the jury’s or judge’s finding of a statutory aggravating circumstance as enumerated in subsection 2 of section 565.032 and any other circumstance found; (3) Whether the sentence of death is excessive or "disproportionate to the penalty imposed in similar cases, considering both the crime, the strength of the evidence, and the defendant.”

   3 later decisions quote this exact passage
   e.g. State v. Deck · State v. Ferguson

3. “At this stage of the jury selection process, the attorneys are permitted to question you concerning your views on punishment. The fact that questions are being asked about punishment at this time should not be taken by you as any indication that the defendant(s) in the case before you (is)(are) guilty of the crime(s) charged. Nothing that is said by the attorneys or by another prospective juror during this process is evidence, and you should not let any such statements influence you in any way. The possible punishments for the offense of murder in the first degree are imprisonment for life by the Department of Corrections without eligibility for probation or parole or death. The purpose of this questioning is to discover whether or not you are able to consider both of these punishments as possible punishments. A case in which the death penalty is a possible punishment is tried in two stages. In the first stage, the jury must decide whether the defendant is guilty or not guilty. If the defendant is found guilty of murder in the first degree, a second stage is held in which the jury must decide on appropriate punishment. If a second stage is reached in this case, the Court will instruct the jury as to the process it must follow to reach its decision on punishment. For present purposes, you should be aware that a conviction of murder in the first degree does not automatically make the defendant eligible for the death penalty. Before the jury may consider imposing the death penal”

   2 later decisions quote this exact passage
   e.g. State v. Deck · Deck v. State