272 Ga. App. 402 - Blake v. State’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he first question to be answered is whether [the defendant’s] sentence was, in fact, increased, because the Pearce presumption applies only when a judge imposes a more severe sentence on resentencing. [Cit.] The answer in this case turns on whether severity of the new sentence is judged on a count-by-count basis or in the aggregate on all counts. In Anthony , the Supreme Court of Georgia held that even though Anthony’s new sentence was the same as the aggregate of his original sentence on multiple counts, where the sentence for an individual count had increased from five years to serve to eight years to serve, his sentence had been increased for the purpose of Pearce . [Cit.] Accordingly, under Anthony , we look to the individual counts to answer the question.”

   1 later decision quote this exact passage
   e.g. Adams v. State

2. “the aggregate approach best reflects the realities faced by... judges who sentence a defendant on related counts of an indictment. Sentencing is a fact-sensitive exercise that requires ... judges to consider a wide array of factors when putting together a “sentencing package.” When an appellate court subsequently reverses a conviction... that was part of the original sentence, the . . . court’s job on remand is to reconsider the entirety of the (now-changed) circumstances and fashion a sentence that fits the crime and the criminal. 13”

   1 later decision quote this exact passage · from the concurrence
   e.g. Hudson v. State

3. “in which there is a reasonable likelihood that the increase in sentence is the product of actual vindictiveness on the part of the sentencing authority. Where there is no such reasonable likelihood, the burden remains upon the defendant to prove actual vindictiveness.”

   1 later decision quote this exact passage
   e.g. Adams v. State