Hyde v. State’s Empirical Analysis

Citation profile

5 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'3. Consideration of Aggravating and Mitigating Factors - The Court must consider all aggravating and/or mitigating factors proven for a sentencing event , but the decision to depart from the presumptive sentence recommendation is in the discretion of the court.”

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

2. “The presumptive sentencing standards apply only to those nonviolent offenses included in the 'Property A' and 'Drug Offense' worksheets. See Presumptive and Voluntary Sentencing Standards Manual 19. The presumptive sentencing standards do not apply to convictions carrying a mandatory sentence of life imprisonment without parole or to sex offenses involving a child victim under 12 years of age. Id. Likewise, the presumptive standards do not apply to those offenses included in the 'Personal Worksheets,' which include offenses such as assault, manslaughter, murder, rape, robbery and sodomy, or the 'Property Worksheets,' which include only burglary offenses. See Presumptive and Voluntary Sentencing Standards Manual 53. "When the presumptive sentencing standards apply, sentencing worksheets are presented to the prosecutor, the defendant and/or his attorney, and the sentencing judge before sentencing. Presumptive and Voluntary Sentencing Standards Manual 17. 'Worksheets must be completed and considered when the "most serious offense”

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

3. ““There is nothing in the record to indicate that the trial court’s decision to depart from the presumptive sentencing standards when it sentenced Hall was based on an erroneous conclusion of law or that the record contains no evidence upon' which the court rationally could have based its decision. Likewise, there is nothing in the record to indicate that the trial court’s departure in Hall’s case violated- the general admonition in the Standards Manual that ‘[departure sentences should be- rare.’ Accordingly, Hall -has not demonstrated that the trial court abused its discretion in this case.””

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