State v. Victor’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “THE COURT: Then, you tell me what you did to make you think that you are guilty of anything. DEFENDANT: Sir, the time of the incident I was drinking, you know, like— THE COURT: What was the incident? What happened? DEFENDANT: I don’t know what was happening because I was drinking so much of that liquor that I was all mixed up, and I was angry and everything seemed so confused to me. And I don’t really remember what happened completely. But, I try my best to deal with the situation, but it seems that I couldn’t deal with it due to the fact I was drinking- THE COURT: Did you tell Mr. Bart-mann about the fact that you were all mixed up at the time? Did you tell Mr. Bartmann that? Do you know that I’m saying? DEFENDANT: Yes, Sir. THE COURT: Did you tell Mr. Bart-mann? DEFENDANT: Yes, Sir. THE COURT: That you had been drinking; that you couldn’t remember what happened? DEFENDANT: Right, Sir. THE COURT: And did he tell you that he felt it was in your best interests to accept the deal offered by the County Attorney anyhow? Do you understand what I mean by that? Did he say he thought it was the best thing for you to do was go ahead and plead guilty if they would just charge you with Willful Injury? DEFENDANT: Yes, Sir. THE COURT: And were you satisfied with that advise: Do you think this is the best thing for you to do? DEFENDANT: I think it is the best thing for me to do, Sir.”

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

2. “THE COURT: And have you explained to the Defendant the essentials of the offense with which he is charged? MR. BARTMANN: I have, Your Hon- or. THE COURT: And do you believe he understands them? MR. BARTMANN: I certainly do. THE COURT: And does he further understand his right to remain silent, he doesn’t have to plead at this time if he doesn’t want to? MR. BARTMANN: Yes. I explained that to him as well as the other rights prior to arriving here today. THE COURT: Luis A. Victor, your attorney has on your behalf entered a plea of guilty to the charge that you did commit the crime of Willful Injury contrary to Sec. 708.4 of the Code in that you did, on December 30, 1979, without justification stab Nancy Nauman with the intent, and causing serious injury to her person. Is this your plea? DEFENDANT: Yes, Sir. THE COURT: Did Mr. Bartmann tell you what the maximum penalty attached to this offense is? DEFENDANT: Yes, Your Honor. THE COURT: What did he say it was? DEFENDANT: It was ten years, Sir. THE COURT: And did he say whether there was any minimum sentence? Did he advise you that if you have been convicted of a previous forceable felony that you are not eligible for parole till you have served one half the maximum sentence? Did he tell you that? DEFENDANT: Yes, Sir.”

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

3. “[T]he Court has considered the age of the defendant; the defendant’s “prior record of convictions and prior record of deferments of judgment, if any; the defendant’s employment circumstances; the defendant’s family circumstances; and the nature of the offense committed. IT IS FURTHER FOUND that maximum opportunity for the rehabilitation of the defendant and the protection of the community from further offenses by the defendant, based upon the recommendations of counsel and the facts as presented to the Court, which were duly considered by the Court, will be realized by the below stated ORDER. IT IS THEREFORE ORDERED that the defendant is sentenced under Section 902.9(1), Code of Iowa and is committed to the custody of the Director, Department of Corrections, State of Iowa for a term of no more than twenty-five (25) years on each COUNT.... IT IS THE FURTHER ORDER OF THE COURT, that the sentences imposed in this cause shall run consecutive.”

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