State v. Gideon’s Empirical Analysis

Citation profile

117 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 119 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(e) In any appeal, the appellate court may review a claim that: (1) The sentence resulted from partiality, prejudice, oppression or corrupt motive; ....”

   5 later decisions quote this exact passage · from the majority
   e.g. State v. Grady · State v. Favela

2. ““(2) Subject to the provisions of subsection (b)(3), the following nonexclusive list of aggravating factors may be considered in determining whether substantial and compelling reasons for departure exist: “(B) The defendant’s conduct during the commission of the current offense manifested excessive brutality to the victim in a manner not normally present in that offense.” “(3) If a factual aspect of a crime is a statutory element of the crime or is used to sub-classify the crime on the crime severity scale, that aspect of the current crime of conviction may be used as an aggravating or mitigating factor only if the criminal conduct constituting that aspect of the current crime of conviction is significantly different from the usual criminal conduct captured by the aspect of the crime. “(c) In determining aggravating or mitigating circumstances, the court shall consider: (1) Any evidence received during the proceeding; (2) the presentence report; (3) written briefs and oral arguments of either the state or counsel for the defendant; and (4) any other evidence relevant to such aggravating or mitigating circumstances that the court finds trustworthy and rehable.” (Emphasis added.)”

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

3. ““A claim that sentencing guidelines departure factors are not supported by evidence in the record should be reviewed to determine whether there is sub stantíal evidence supporting the court’s findings or whether the court’s findings are clearly erroneous. A claim that the departure factors relied upon by the court do not constitute substantial and compelling reasons for a departure is a question of law.””

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