Calhoun v. State’s Empirical Analysis

Citation profile

1 federal appellate · 5 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. “On March 17, 1982, appellant entered the Double B Barbershop in Gary, Indiana to purchase a lottery ticket. The proprietor informed appellant that it was too late to purchase a ticket; consequently, he offered to sell appellant a lottery ticket for the next day. Thereafter, the victim [Ronald Johnson] staggered into the barbershop. The victim was noticeably intoxicated! [2] The victim offered appellant a drink of wine from his bottle. Appellant responded, “I’m not a winehead,” and then he hit the victim, knocking him back. Immediately afterwards, appellant grabbed the victim by the collar and exclaimed, “I’ll kill you your mother fucking ass.” Then, appellant pulled out his gun, and he shot the victim. The bullet entered the victim’s cheek, and it lodged in the victim’s skull. Appellant laid the victim down on the floor, and he told the proprietor, “It’s all over.” The victim died from the gunshot wound.”

   1 later decision quote this exact passage
   e.g. Calhoun v. Farley

2. “"[T]he habitual offender sentencing provision is `neither a separate criminal charge nor an additional penalty for the earlier crimes.' Thus, the use of prior convictions to enhance the sentence for the immediate crime does not constitute a reprosecution for the same offense after a conviction, nor does such use result in multiple punishment for the same offense. Therefore, enhancing the sentence in this fashion for the immediate crime does not violate double jeopardy. This is true where those prior convictions are used as aggravating circumstances to increase the sentence, ... and where they are used to support the finding that the defendant is a habitual offender." Griffin v. State (1981) 275 Ind. 107 , 415 N.E.2d 60, 69-70 ; see also Calhoun v. State (1985) Ind., 484 N.E.2d 7 .”

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

3. “''The proper standard for attorney performance is that of reasonably effective assistance. * * * Judicial scrutiny of counsel's performance must be highly deferential. * * * * * * the defendant must overcome the presumption that, under the circumstances, the challenged action might be considered sound trial strategy. * * * A * * * claim * * * has two components. First the defendant must show that counsel's performance was deficient. * * * Second, the defendant must show that the deficient performance prejudiced the defense." Strickland v. Washington (1984), 466 U.S. 668 , 104 S.Ct. 2052, 2064, 2065 , 80 L.Ed.2d 674 .”

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