Carollo v. State’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “There is scant reason to believe, however, that in amending the statute the Legislature intended the jury to be instructed differently than it had been pri- or to the statute’s amendment. The amended statute provides that “[t]he court shall instruct the jury as to the range of punishment authorized by statute for each submitted offense” and that “[t]he jury shall assess and declare the punishment as authorized by statute.” These statutory provisions are substantially identical to the language of the statute prior to amendment. Although we acknowledge that a jury is best-equipped to assess and declare punishment when it is accurately informed as to both the facts of the case and the law to be applied, we see nothing in the new bifurcation statute that justifies a departure from the settled law that issues of probation and parole are not for the jury’s consideration. If the Legislature intended such a significant departure from established practice to be accomplished by the bifurcation statute, surely it would have done so explicitly.”

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