State v. Cooper’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Confronted with the matter of claimed excessive sentence this court said in State v. Cooper, Iowa, 161 N.W. 2d 728 , 732: ‘We have consistently held that where the judgment imposed does not exceed the statutory maximum, it is only where an abuse of the trial court’s discretion is shown that we will interfere. We said in State v. Cupples, supra, 260 Iowa 1192 , 152 N.W.2d 277 , 280: “ ‘ “It was the duty of the trial court to ascertain any and all facts that would assist in the proper exercise of its discretion in fixing defendant’s sentence, whether in or out of the record. State v. Myers, 241 Iowa 670, 672 , 42 N.W.2d 79, 80 ; State v. Dalton, 254 Iowa 96, 101 , 116 N.W.2d 451, 454 . “ ‘ “The trial court and we on review should weigh and consider all pertinent matters in determining proper sentence, including the nature of the offense, the attending circumstances, defendant’s age, character and propensities and chances of his reform. The courts owe a duty to the public as much as to defendant in determining a proper sentence. The punishment should fit both the crime and the individual. 24B C.J.S. Criminal Law § 1980.’”””

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