State v. Middlebrooks’s Empirical Analysis

Citation profile

2 federal appellate · 20 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “According to the State’s proof, fourteen-year-old Majors was small for his age. FN5 He was described as a good student who loved school. He was not a violent person, nor did he carry a weapon. Since his murder, his mother’s health has deteriorated. She has been on medication and will not leave the house except for doctor appointments. She has had a nervous breakdown, suffers from panic attacks, and has not been able to sleep at night since the murder. Majors’ older brother blames himself for Majors’ death and now suffers from mood swings. Shannon Stewart testified that he had spoken with Middlebrooks the morning of the murder. Middlebrooks had told Stewart that he was a member of the KKK, that he “hated niggers,” and that he punched a black man just for saying hello. Stewart also testified that he overheard Middlebrooks order Majors to “shut up nigger.””

   2 later decisions quote this exact passage
   e.g. Middlebrooks v. Bell · Middlebrooks v. Carpenter

2. “The circumstances of the offense were shocking in their gruesomeness, brutality, and inhumanity. Medical evidence established the nature and severity of the injuries, bruises, cuts, abrasions, and wounds suffered by the victim. The victim was beaten and cut in the face, mouth, body, legs, and testicles. The evidence further indicated that an “X” had been carved into the victim’s chest before his death from stab wounds. The victim was alive and conscious for much of the abuse inflicted upon him, and was conscious and alive for a period of time after being stabbed. Middlebrooks by his own admission fully participated in the capture of Ker-rick Majors and in the infliction of severe physical and mental pain to the victim by acts of unimaginable cruelty, despite the young victim’s pleas for his life. Finally, after three to four hours of repeated sadistic acts, Middlebrooks stabbed the victim. The evidence was overwhelming in support of the jury’s findings that the State had proven this aggravating circumstance beyond a reasonable doubt and that this evidence was not outweighed by evidence of mitigating factors.”

   1 later decision quote this exact passage
   e.g. Middlebrooks v. Bell

3. “[I]n addition to any action taken by the appellate courts, the professional misconduct of prosecutors is more efficiently and authoritatively addressed at the trial level where courts are in a better position to view the conduct, assess its impact, and choose the appropriate action to ensure a fair trial. For example, the trial judge can order the cessation of offending statements and can give curative jury instructions. In egregious cases, the trial judge may sua sponte stop a prosecutor’s prejudicial argument. In addition, the trial courts may consider direct sanctions to deter prosecu-torial misconduct, including contempt citations, fines, and recommendations for disciplinary action to the Board of Professional Responsibility. We encourage the trial courts to consider these sanctions where the misconduct is flagrant.”

   1 later decision quote this exact passage
   e.g. State v. Thornton