Hooks v. State’s Empirical Analysis

Citation profile

1 district · 7 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The norms governing sentencing proceedings are well settled: thus, (1) a defendant has a right to be present at the imposition of final sentence, United States v. Behrens, 375 U.S. 162 , 84 S.Ct. 295 , 11 L.Ed.2d 224 (1963); (2) he has a right to counsel at that time, Mempa v. Rhay, 389 U.S. 128 , 88 S.Ct. 254 , 19 L.Ed.2d 336 (1967); Townsend v. Burke, 334 U.S. 736 , 68 S.Ct. 1252 , 92 L.Ed. 1690 (1948); (3) the Trial Judge is required to address a defendant personally at that time and to ask him if he wishes to make a statement in his own behalf and/or to present any information in mitigation of punishment, Green v. United States, 365 U.S. 301 , 81 S.Ct. 653 , 5 L.Ed.2d 670 (1961); Ball v. United States, 140 U.S. 118 , 11 S.Ct. 761 , 35 L.Ed. 377 (1891). Those norms, whether derived from the common law or constitutionally based, are followed in our practice and are codified in Superior Court Criminal Rules 43 and 32(a). We have no doubt that the imposition of sentence is a critical stage in the proceeding and, for that reason, both defendant and counsel are required to be present. Mempa v. Rhay, supra; United States v. Behrens, supra.”

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

2. ““Given the fact that (a) when the original sentences were imposed defendants were in court with counsel and had an opportunity to be heard both personally and through counsel, and that (b) the Trial Judge had no discretion in imposing the life sentences after remand, we find no reversible error in these special circumstances.” Hooks v. State, supra, 429 A.2d at 1314 .”

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

3. “Before imposing sentence, the court shall also ... (B) Afford counsel for the defendant an opportunity to speak on behalf of the defendant, and (C) Address the defendant personally and determine if the defendant wishes to make a statement and to present any information in mitigation of the sentence.”

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