State v. Webb’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The imposition of physically restrictive conditions of release pending trial upon a defendant whose release has been determined to constitute a danger to the public weighs heavily against the presumptions of innocence. It obviously interferes with the unhampered preparation of a defense and serves to inflict punishment prior to conviction. Stack v. Boyle, supra, 342 U.S. at 4 , 72 S.Ct. 1 . Therefore, such a decision is not one which calls for the mere exercise of discretion ordinarily exercised by a court imposing the conditions of release that will reasonably assure the appearance of the defendant for trial. See State v. Toomey, 126 Vt. 123, 124-125 , 223 A.2d 473 (1966). It is a decision to be made in extraordinary circumstances, founded upon adequate findings of fact so that when such a decision is reviewed a determination can be made whether the facts found support the imposition of such conditions. See In re J.M., 131 Vt. 604, 608 , 313 A.2d 30 (1973). Such conditions should hinder the defendant as little as practicable in gathering evidence, contacting witnesses, or otherwise assisting in the preparation of his defense. See Barker v. Wingo, 407 U.S. 514, 533 , 92 S.Ct. 2182 , 33 L.Ed.2d 101 (1972).”

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

2. “All prisoners, unless in execution or committed for capital offenses, when the proof is evident or presumption great, shall be bailable by sufficient sureties; nor shall excessive bail be exacted for bailable offenses.”

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