Jones v. State’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(b) Remand for sentence or new trial; limitations on increases in sentences.—If an appellate court remands a criminal case to a lower court in order that the lower court may pronounce the proper judgment or sentence, or conduct a new trial, and if there is a conviction following this new trial, the lower court may impose any sentence authorized by law to be imposed as punishment for the offense. However, it may not impose a sentence more severe than the sentence previously imposed for the offense unless: (1) The reasons for the increased sentence affirmatively appear; (2) The reasons are based upon additional objective information concerning identifiable conduct on the part of the defendant; and (3) The factual data upon which the increased sentence is based appears as part of the record.”

   4 later decisions quote this exact passage
   e.g. Twigg v. State · Willey v. State

2. “[T]he General Assembly did not say “We enact Pearce as it now stands or may hereafter be modified by the Supreme Court.” It enacted a clear and specific law. That fact that “the scope and thrust of Pearce ” have been “clarified” in [Texas v. ] McCullough, 475 U.S.[134, 142], 106 S.Ct. [976], 982, 89 L.Ed.2d [104 (1986) ] or modified in Wasman [v. United States, 468 U.S. 559 , 104 S.Ct. 3217 , 82 L.Ed.2d 424 (1984) ] does not change what the statute says, any more than would the statute be repealed were the Supreme Court to overrule Pearce in toto. Even if the Supreme Court now believes that due process does not now forbid what it seemed to prohibit in Pearce ... that has no bearing on the General Assembly’s statutory policy and the intent embodied in it.”

   3 later decisions quote this exact passage
   e.g. Dixon v. State · 193 Md. App. 469 - Parker v. State

3. “"Due process of law ... requires that vindictiveness against a defendant for having successfully attacked his first conviction must play no part in the sentence he receives after a new trial. And since the fear of such vindictiveness may unconstitutionally deter a defendant's exercise of the right to appeal or collaterally attack his first conviction, due process also requires that a defendant be freed of apprehension of such a retaliatory motivation on the part of the sentencing judge."”

   3 later decisions quote this exact passage
   e.g. Dixon v. State · 239 Md. App. 483 - Thomas v. State