State v. Cadwallader’s Empirical Analysis
1989
Citation profile
6 state decisions
How this case has been cited
Cited by 6 later decisions — most recently September 2006
6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Brown v. Ohio · Booth v. Maryland · State v. Hoffman · State v. Clark · State v. Carlson
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.
“The information filed in this case alleged felony motor vehicle homicides by operating a motor vehicle “in violation of Sections 39-669.01, 39-669.03, or 39-669.07.” Neb. Rev. Stat. § 39-669.01 (Reissue 1988) is the reckless driving statute; Neb. Rev. Stat. § 39-669.03 (Reissue 1988) is the willful reckless driving statute; and Neb. Rev. Stat. § 39-669.07 (Reissue 1988) is the driving [while] under the influence of alcoholic liquor statute. . . . [T]here was no finding by the trial court in this case that the motor vehicle homicides were the result of the defendant’s operation of a motor vehicle while under the influence of intoxicating liquor. The fact that the information in this case alleged the offenses in the alternative and there was no finding by the trial court as to which violation was the basis for the findings of guilty . . . prevents a finding of double jeopardy because of cumulative sentences for the same offense.”
1 later decision quote this exact passage · from the majority“In fixing the term of imprisonment, a trial court has a number of matters to consider. The sentence should be such as to provide some deterrence; of sufficient length to at least afford a possibility of rehabilitation; of sufficient severity so as not to depreciate the seriousness of the crime; and, in a proper case, such as to provide some measure of protection to society by removing the offender temporarily from society. It would be strange to think that a sentencing judge could make a decision as to a proper term of imprisonment if no consideration were given to the various factors that determine how much of a particular sentence must be served before the prisoner can be released.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.