Lewis v. Oklahoma’s Empirical Analysis

Citation profile

2 district · 5 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““• • • The fixing of penalties for crimes is a legislative function. What constitutes an adequate penalty is a matter of legislative judgment and discretion and the courts will not interfere therewith unless the penalty prescribed is clearly and manifestly cruel and unusual punishment. Where the sentence imposed is within the limits prescribed by the statutes for the offense committed, it ordinarily will not be regarded as cruel and unusual. Edwards v. United States, 206 F.2d 855 at p. 857 (Tenth Cir. 1953).””

   1 later decision quote this exact passage · from the majority
   e.g. Karlin v. Oklahoma

2. ““(1) Evidence which is favorable to him, (2) Such evidence was in the possession of the prosecution at some time during Petitioner’s trial, (3) The evidence was suppressed and not made available to the Petitioner on his request therefor, and, (4) The evidence was material either to the issue of Petitioner’s guilt or punishment.””

   1 later decision quote this exact passage · from the majority
   e.g. 414 F. Supp. 945 - Castleberry v. Crisp

3. ““The mere fact that counsel was not present at the time the statement was given does not, by that fact alone, make it involuntary. Petitioner was advised of his right to counsel and made no request therefore.””

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