Hughes v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is apparent from the foregoing discussion that the trial judge was not without experience in the matter as his advice to the jury was in line with previous decisions of this court in the case of Presnell v. State, 71 Okl.Cr. 162 , 109 P.2d 834 , the court said: “ ‘Where the jury returns a verdict of guilty and endorses on the verdict, “We recommend a suspended sentence” such recommendation is not a part of the verdict, and is a matter addressed to the sound discretion of the trial judge as to whether he should follow the recommendation of the jury.’ “For other cases treating the matter as surplusage, see Williams v. State, 92 Okl.Cr. 70 , 220 P.2d 836 ; Knopp v. State, 49 Okl.Cr. 416 , 295 P. 228, 229 ; Cole v. State, 70 Okl.Cr. 109 , 104 P.2d 981 ; Estes v. State, 35 Okl.Cr. 335 , 250 P. 809 ; Taylor v. State, 79 Okl.Cr. 115 , 152 P.2d 123 ; Severn v. State, 72 Okl.Cr. 141 , 114 P.2d 181 ; Turvey v. State, 95 Okl.Cr. 418 , 247 P.2d 304 . ⅜ ⅜ ⅜ ⅜ ⅜ $ “From a review of the reported discussion with the jury, as to their right to recommend a suspended sentence, it is clear that the trial judge made no statement, commitment, or promise that could have possibly misled or confused the jury. He was positive in his statements that it would in no manner be binding upon him. He made it clear that it would only be sur-plusage and did not constitute a part of the verdict.””

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

2. ““Unless such investigation shows conduct on the part of the defendant, which indicates that he is not eligible under the statute to receive a suspended sentence for this crime by him committed, this court is of the opinion that great weight should be attached to the recommendation of the jury.””

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