State v. Davis’s Empirical Analysis

Citation profile

129 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 129 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “grossly out of proportion to the severity of the crime”

   20 later decisions quote this exact passage
   e.g. State v. Caston · State v. Sepulvado

2. ““... The trial court’s reasons in imposing sentence, as required by La.C.Cr.P. art. 894.1, are an important aid to this Court in reviewing an allegedly excessive sentence. State v. Telsee, supra; State v. Sepulvado, 367 So.2d 762 (La.1979). A trial judge is given wide discretion in the imposition of sentences within statutory limits; the sentence imposed by the trial court should not be set aside as excessive in the absence of a manifest abuse of his discretion. State v. Sweeney, 443 So.2d 522 (La.1983); State v. Smith, supra; State v. Washington, 414 So.2d 313 (La.1982). The record of sentencing should indicate that the trial court has considered not only the circumstances militating for incarceration, but also any mitigating factors. State v. Walker, 414 So.2d 1245 (La.1982). In State v. Guiden, 399 So.2d 194, 200 (La.1981), U.S. cert denied, 454 U.S. 1150 , 102 S.Ct. 1017 , 71 L.Ed.2d 305 , this Court noted that “[w]hile the trial judge need not articulate every aggravating and mitigating circumstance presented in La.C.Cr.P. Article 894.1, the record must reflect that he adequately considered these guidelines in particularizing the sentence to the defendant.” La. C.Cr.P. art. 894.1(C) requires the trial court additionally to state the factual basis for its sentencing conclusions. “Without the trial court’s articulation of the factual basis of each ground which influenced its disposition, a sentence may appear to be arbitrary or excessive, unless there is evidence elsewhere”

   5 later decisions quote this exact passage
   e.g. State v. Wilturner · State v. Smith

3. “"The Court has heard all the evidence presented at the trial.... Evidence of defendant's prior criminal activities was presented, including his three prior convictions. The defendant, having admitted the crimes and pled guilty ... was sentenced and imprisoned, being released sometime in 1984. Less than one year after being released defendant committed the armed robbery of the Crane Shoe Store ... All five victims of the robbery ... described in detail brutality and viciousness exhibited by the defendant during the robbery. The defendant dragged Ms. Luquette by her hair and pushed her under a counter. He pushed and shoved Ms. Cabriac and grabbed her by the back of the neck and struck her in the head. He also pistol-whipped Mrs. Smith with such intensity that her left eye was destroyed. Defendant's acts were the grossest form of insult to the individual person, psyche and dignity of the victims, as well as an affront to society in general. I have searched for any mitigating factors on behalf of the defendant. But search as I might, I have been unable to find any. Instead, only aggravating factors could be found ... Defendant, by his voluntary wanton actions and past criminal conduct has demonstrated that he is a threat to our society and has forfeited his right to live free in this society. Consequently, for these reasons, The Court sentences defendant to the maximum sentence of imprisonment for ninety-nine years, without benefit of parole, probation or suspension of sentence o”

   2 later decisions quote this exact passage
   e.g. State v. Williams · 496 So. 2d 1194 - State v. Cockerham