Wink v. State’s Empirical Analysis
1989
Citation profile
49 state decisions
How this case has been cited
Cited by 49 later decisions — most recently July 2020 · most notably State v. Davis (1994), Bernadyn v. State (2005)
49 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 Addington v. Texas · Escoe v. Zerbst · Black v. Romano · Armstrong v. State · Gulf Oil Corp. v. Copp Paving Co.
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“At the second stage, that of whether the court’s discretion should be exercised to revoke probation, appellate review is for an abuse of discretion. Trial judges do not revoke probation unless satisfied that probation should be revoked. Appellate review to determine whether there was reasonable satisfaction would simply analyze whether discretion was abused for want of any reasonable basis for the revocation. Were the trial court satisfied to exercise its discretion to revoke, in a case where there is not legally sufficient evidence of a violation, appellate review of the reasonableness of the trial court’s satisfaction should reveal the clearly erroneous or legally insufficient nature of the fact-finding of a violation.”
3 later decisions quote this exact passage“Confinement of a probation violator is based upon commission of the criminal offense which the [government] was required to prove beyond a reasonable doubt. Probation rather than incarceration at the time of conviction is a matter of grace which may be withdrawn when the violator is shown, [by a preponderance of evidence] not to have honored the conditions made known at the time probation was granted.”
2 later decisions quote this exact passage · from the majority“it is not necessary that a conviction precede a determination that the probationer has violated a condition of probation requiring him to obey all laws. If it is shown by independent, probative evidence that the probationer has committed a crime subsequent to his probation and the trial court is reasonably satisfied by that evidence that the probationer committed the crime, probation may be revoked____”
1 later decision quote this exact passagee.g. Baynard 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.