Holmes v. State’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A defendant seeking a transfer has the burden of proof to show a transfer is warranted under Ark. Code Ann. § 9-27-318 (e). Ring v. State, 320 Ark. 128 , 894 S.W.2d 944 (1995); Davis v. State, 319 Ark. 613 , 893 S.W.2d 768 (1995). “If he or she meets the burden, then the transfer is made unless there is clear and convincing countervailing evidence to support a finding that the juvenile should remain in circuit court.” Bradley v. State, 306 Ark. 621, 623 , 816 S.W.2d 605, 606 (1991); Ark. Code Ann. § 9-27-318 (f) (Repl. 1993). “ ‘Clear and convincing evidence’ has been defined by this Court as ‘that degree of proof which will produce in the trier of fact a firm conviction as to the allegation sought to be established.’ ” Cobbins v. State, 306 Ark. 447, 450 , 816 S.W.2d 161, 163 (1991) (citation omitted). The trial court is not required to give equal weight to each of the statutory factors. Ring v. State, 320 Ark. 128 , 894 S.W.2d 944 (1995). “Moreover, proof need not be introduced against the juvenile on each factor.” Davis v. State, 319 Ark. at 616 , 893 S.W.2d at 769 . “We have often stated that the serious and violent nature of an offense is a sufficient basis for denying a motion to transfer and trying a juvenile as an adult.” Sims v. State, 320 Ark. 528, 536 , 900 S.W.2d 508, 513 (1995) (citing Davis v. State, 319 Ark. 613 , 893 S.W.2d 678 (1995)). No element of violence beyond that required to commit the crime is necessary under Ark. Code Ann. § 9-27-318 (e)(1). See Slay”

   3 later decisions quote this exact passage
   e.g. Cole v. State · Sanders v. State