State v. Peterson’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[C]an determine from the facts of the principal offense and the previous convictions that rehabilitation is so unlikely as to be removed from consideration in sentencing; that the interests of society demand that the convict be kept off the streets for the rest of his life ... and that the life sentence not constitute excessive retribution. [State v. Pulfrey, 1996 SD 54, ¶ 18 , 548 N.W.2d 84 , 38] (citations omitted).”

   2 later decisions quote this exact passage
   e.g. State v. Milk · State v. Hinger

2. “First, is the punishment so excessive or so cruel, ‘as to meet the disapproval and condemnation of the conscience and reason of men generally.’ And second, whether the punishment is so excessive or so cruel as to shock the collective conscience of this court.”

   2 later decisions quote this exact passage
   e.g. State v. Raymond · State v. Knecht

3. “[t]he court finds... that the time, content, and circumstances of the statement provide sufficient indicia of reliability....”

   2 later decisions quote this exact passage
   e.g. State v. Cates · State v. Guthmiller