102 Ark. App. 17 - Throneberry v. State’s Empirical Analysis
2008
Citation profile
8 state decisions
How this case has been cited
Cited by 8 later decisions — most recently September 2025
8 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 United States v. Haack · Kern v. TXO Production Corp. · Pyle v. State · Rankin v. State · Urquhart v. State
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Court: I will state again what I did before. I have had the benefit of Mr. Holsombach’s full trial, I have had the benefit of listening to the testimony that was presented or the plea that was presented in William Frazier’s trial, and the testimony that was presented in this trial. That is the basis of my decision. Mr. Shaw: I would submit to the court that it is improper to consider things in this trial that were not part of this trial. Had this been tried to a different court, different judge, which it could have been since it was severed, those factors would not have come into play, and I think the court should reconsider its decision to run these consecutively, and I’m asking the court to reconsider that and follow the jury’s recommendation. I realize it is within the court’s province to decide between consecutive. I believe concurrent is what the jury recommended, and absent a showing of some type based on what was heard here, I think the court should be bound by those recommendations or at least follow them. The Court: Your motion is denied.”
1 later decision quote this exact passagee.g. Throneberry v. State“[T]he record of a co-defendant’s case cannot be considered at the sentencing phase of a defendant’s separate trial if the co-defendant’s record has not been introduced into evidence. The records of Throneberry’s co-defendants were improper factors for consideration at Throneberry’s sentencing, and the trial judge’s judicial notice of those records, which was the basis of his decision to run the sentences consecutively, constituted an abuse of his discretion to sentence Throneberry to consecutive or concurrent sentences. We reverse and remand for a re-sentencing hearing without consideration of these factors.”
1 later decision quote this exact passagee.g. Throneberry v. State
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.