State v. Wells’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘In those instances, where material and substantive changes are made by the Legislature in adopting a federal statute the presumption that the Legislature intended to accomplish the same purposes and objectives as the Congress is no longer valid. Substantive changes can easily, and probably do, indicate different purposes and objectives than those intended by the Congress when it initially enacted the law.’ ””

   2 later decisions quote this exact passage · from the majority
   e.g. 222 W. Va. 677 - Davis Memorial Hospital v. West Virginia State Tax Commissioner · Trinity Medical Center, Inc. v. Holum

2. ““A court may sentence a convicted offender to an extended sentence as a dangerous special offender in accordance with the provisions of this section upon a finding of any one or more of the following: a. The convicted offender is a dangerous, mentally abnormal person. The court shall hot make such a finding unless the presentence report, including a psychiatric examination, concludes that the offender’s conduct has been characterized by persistent aggressive behavior, and that such behavior makes him a serious danger to other persons. b. The convicted offender is a professional criminal. The court shall not make such a finding unless the offender is an adult and the presen-tence report shows that the offender has substantial income or resources derived from criminal activity. c. The convicted offender is a persistent offender. The court shall not make such a finding unless the offender is an adult and has previously been convicted in any state or states or by the United States of two felonies of class B or above, or of one class B felony or above plus two offenses potentially punishable by imprisonment classified below class B felony, committed at different times when the offender was an adult. For the purposes of this subdivision, a felony conviction in another state or under the laws of the United States shall be considered a felony of class B or above if it is punishable by a maximum- term of imprisonment of ten years or more. d. The offender was convicted of an offense wh”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Wells

3. “§ 3575. Increased sentence for dangerous special offenders. ..... (b) Upon any plea of guilty or nolo contendere or verdict or finding of guilty of the defendant of such felony, a hearing shall be held, before sentence is imposed, by the court sitting without a jury. The court shall fix a time for the hearing, and notice thereof shall be given to the defendant and the United States at least ten days prior thereto. The court shall permit the United States and counsel for the defendant, or the defendant if he is not represented by counsel, to inspect the presentence report sufficiently prior to the hearing as to afford a reasonable opportunity for verification. In extraordinary cases, the court may withhold material not relevant to a proper sentence, diagnostic opinion which might seriously disrupt a program of rehabilitation, any source of information obtained on a promise of confidentiality, and material previously disclosed in open court. A court withholding all or part of a presentence report shall inform the parties of its action and place in the record the reasons therefor. The court may require parties inspecting all or part of a presentence report to give notice of any part thereof intended to be controverted. In connection with the hearing the defendant and the United States shall be entitled to assistance of counsel, compulsory process, and cross-examination of such witnesses as appear at the hearing. A duly authenticated copy of a former judgment or commitment shall ”

   1 later decision quote this exact passage · from the majority
   e.g. 376 So. 2d 47 - Adams v. State