State v. Webb’s Empirical Analysis

Citation profile

59 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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(4) Before imposing sentence the court shall: “(c) address the defendant personally and ask the defendant if the defendant wishes to make a statement on the defendant’s own behalf and to present any evidence in mitigation of punishment. Before imposing sentence the court may allow the victim or victim’s family to address the court, if they so request.””

   6 later decisions quote this exact passage · from the majority
   e.g. State v. Bafford · State v. Kendig

2. ““(1) In sentencing a person to prison, the court, having regard to the nature and circumstances of the crime and the history, character and condition of the defendant, shall fix the lowest minimum term which, in the opinion of said court, is consistent with the public safety, the needs of the defendant, and the seriousness of the defendant’s crime. “(2) The following factors, while not controlling, shall be considered by the court in fixing the minimum term of imprisonment: “(a) The defendant’s history of prior criminal activity; “(b) The extent of the harm caused by the defendant’s criminal conduct; “(c) Whether the defendant intended that his criminal conduct would cause or threaten serious harm; “(d) The degree of the defendant’s provocation; “(e) Whether there were substantial grounds tending to excuse or justify the defendant’s criminal conduct, though failing to establish a defense; “(f) Whether the victim of the defendant’s criminal conduct induced or facilitated its commission; “(g) Whether the defendant has compensated or will compensate the victim of his criminal conduct for the damage or injury that he sustained.””

   4 later decisions quote this exact passage · from the majority
   e.g. State v. Hill · State v. Tittes

3. ““When the defendant appears for judgment, he must be informed by the court of the verdict of the jury, or the finding of the court and asked whether he has any legal cause to show why judgment should not be rendered. If none is shown the court shall pronounce judgment against the defendant.””

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Johnson · State v. Heide