State v. Olson’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We first determine whether the sentence appears grossly disproportionate. To accomplish this, we consider the conduct involved, and any relevant past conduct, with utmost deference to the Legislature and the sentencing court. We also consider the gravity of the offense and the harshness of the penalty; and other relevant factors, such as the effect this type of offense has on society. If the sentence does not appear grossly disproportionate, no further review is necessary. If the sentence does appear grossly disproportionate, an intra- and inter-jurisdictional analysis shall be conducted.”

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

2. “The withdrawal of a guilty plea before the imposition of sentence is within the sound discretion of the [circuit] court. When a defendant moves to withdraw a plea prior to sentencing, a court should exercise its discretion liberally in favor of withdraw. But, SDCL 23A-27-11 does not create an automatic right to withdraw a guilty plea. When deciding whether to allow a criminal defendant to withdraw his plea, the [circuit] court must look at the reasons why the plea is sought to be withdrawn and if the request to withdraw is obviously frivolous, the circuit court need not grant it.”

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

3. “[T]he factual basis may come from 'anything that appears on the record.' " State v. Pentecost , 2016 S.D. 84 , ¶ 30, 887 N.W.2d 877 , 885 (quoting Nachtigall , 2007 S.D. 109 , ¶ 5, 741 N.W.2d at 219 ). "[R]eading the indictment to the defendant coupled with his admission of the acts described in it is a sufficient factual basis for a guilty plea, as long as the charge is uncomplicated, the indictment detailed and specific, and the admissions unequivocal.”

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