State v. Rice’s Empirical Analysis

Citation profile

72 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 73 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “we no longer rely on language, which we have previously used, stating 'we do not determine whether we would have made a like decision, only whether a judicial mind, considering the law and facts, could have reached a similar decision.' " Id. The correct statement of review is as follows: An abuse of discretion "is a fundamental error of judgment, a choice outside the range of permissible choices, a decision, which, on full consideration, is arbitrary or unreasonable.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Delehoy

2. “the gravity of the offense-i.e., the offense's relative position on the spectrum of all criminality-to the harshness of the penalty-i.e., the penalty's relative position on the spectrum of all permitted punishments.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Hauge

3. “whether a noncapital sentence violates the Eighth Amendment requires us to determine de novo whether the sentence imposed is grossly disproportionate to its corresponding offense.”

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