Sherelis v. State’s Empirical Analysis

Citation profile

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

1. “Bail may not be set higher than that amount reasonably required to assure the defendant's appearance in court or to assure the physical safety of another person or the community if the court finds by clear and convincing evidence that the defendant poses a risk to the physical safety of another person or the community. In setting and accepting an amount of bail, the judicial officer shall take into account all facts relevant to the risk of nonappearance, including: (1) the length and character of the defendant's residence in the community; (2) the defendant's employment status and history and his ability to give bail; (3) the defendant's family ties and relationships; (4) the defendant's character, reputation, habits, and mental condition; (5) the defendant's eriminal or juvenile record, insofar as it demonstrates instability and a disdain for the court's authority to bring him to trial; (6) the defendant's previous record in not responding to court appearances when required or with respect to flight to avoid criminal prosecution; (7) the nature and gravity of the offense and the potential penalty faced, insofar as these factors are relevant to the risk of nonappearance; (8) the source of funds or property to be used to post bail or to pay a premium, insofar as it affects the risk of nonappearance; and (9) any other factors, including any evidence of instability and a disdain for authority, which might indicate that the defendant might not recognize and adhere to the authorit”

   2 later decisions quote this exact passage
   e.g. Tinsley v. State · Reeves v. State

2. “Because an accused is presumed innocent, pre-trial incarceration should not serve punitive purposes. Instead, pretrial bail allows an accused the opportu nity to properly prepare his defense at freedom, while it insures his presence at trial. It necessarily follows that once bail is made available, the amount set shall not be excessive, as this constitutes a denial of that right altogether.”

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

3. “Excessive bail shall not be required. Excessive fines shall not be imposed. Cruel and unusual punishments shall not be inflicted. All penalties shall be proportioned to the nature of the offense.”

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