State v. Wojcik’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the appellate court, upon a review of the record, shall determine whether the sentence imposed is excessively lenient, having regard for: (1) The nature and circumstances of the offense; (2) The history and characteristics of the defendant; (3) The need for the sentence imposed: (a) To afford adequate deterrence to criminal conduct; (b) To protect the public from further crimes of the defendant; (c) To reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense; and (d) To provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner; and (4) Any other matters appearing in the record which the appellate court shall deem pertinent.”

   1 later decision quote this exact passage
   e.g. 1 Neb. Ct. App. 633 - State v. Rittenhouse

2. “(2) . . . [T]he court may withhold sentence of imprisonment unless, having regard to the nature and circumstances of the crime and the history, character, and condition of the offender, the court finds that imprisonment of the offender is necessary for protection of the public because: (a) The risk is substantial that during the period of probation the offender will engage in additional criminal conduct; (b) The offender is in need of correctional treatment that can be provided most effectively by commitment to a correctional facility; or (c) A lesser sentence will depreciate the seriousness of the offender’s crime or promote disrespect for law.”

   1 later decision quote this exact passage
   e.g. 1 Neb. Ct. App. 633 - State v. Rittenhouse

3. “Upon consideration of the criteria enumerated in section 29-2322, the appellate court shall: (1) If it determines that the sentence imposed is excessively lenient, set aside the sentence, and: (a) Remand the case for imposition of a greater sentence; (b) Remand the case for further sentencing proceedings; or (c) Impose a greater sentence; or (2) If it determines that the sentence imposed is not excessively lenient, affirm the sentence.”

   1 later decision quote this exact passage
   e.g. 1 Neb. Ct. App. 633 - State v. Rittenhouse