Gardner v. State’s Empirical Analysis
1979
Citation profile
144 state decisions
How this case has been cited
Cited by 144 later decisions — most recently February 2013 · most notably Anglemyer v. State (2007), Smylie v. State (2005)
144 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 Williams v. People of State of New York · Townsend v. Burke · Difronzo v. United States · Zap v. United States · United States v. Doyle
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 144 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"When a judge increases or decreases the basic sentence, suspends the sentence or imposes consecutive terms of imprisonment, the record should disclose what factors were considered by the judge to be mitigating or aggravating cireumstane-es."”
8 later decisions quote this exact passage““. . . The court shall make a record of the hearing, including: * * * * * ik “(3) If the court finds aggravating circumstances, a statement of the court’s reasons for selecting the sentence that it imposes.””
7 later decisions quote this exact passagee.g. Smylie v. State · Marquess v. State“(1) That the defendant, James Lester Johnson, has a serious history of criminal activity which involves various conviec-tions for offenses of taking property from persons by threat, as well as convictions relative to the use or possession of firearms. (2) That the immediate offense of Robbery while armed with a deadly weapon, for which the defendant was convicted, is a serious offense and that the circumstances surrounding the same were aggravated in nature and threatened the possibility of serious bodily harm to other persons. (3) That the crime was the result of circumstances likely to recur. (4) That the victim of the crime neither induced or [sic] facilitated the offense. (5) That there are no substantial grounds tending to excuse or justify the crime committed by the defendant, though failing to establish a defense. (6) That the defendant did not act under strong provocation. (7) That the character and attitude of the defendant do not indicate a likeliness to respond affirmatively to probation or short term imprisonment. (8) That the defendant, James Lester Johnson, is in need of correctional treatment that can best be provided by his commitment to a penal facility. (9) That imposition of a reduced sentence or suspension of the sentence and imposition of probation would depreciate the seriousness of the crime of Robbery, a Class B Felony. (10) That, therefore, the aggravating circumstances set forth in I.C. Section 385-4.-1-4-7, outweigh any mitigating circumstances. (11”
6 later decisions quote this exact passagee.g. Smylie v. State · Marquess v. State
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.