State v. Kaiser’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““On appeal, we first determine whether the sentence ‘shocks the conscience’ or is so disproportionate to the crime that it activates the Eight Amendment ‘within and without jurisdiction’ proportionality tests.” It is settled law in this state that absent a sentence which is so excessive in duration that it shocks the conscience of the court, a sentence that is within statutory limits is not reviewable on appeal. This court has developed a two-fold test to determine whether the sentence is so constitutionally offensive as to shock the conscience: Fii’st, is the punishment so excessive or so cruel, ‘as to meet the disapproval and condemnation of the conscience and reason of men generally.’ And second, whether the punishment is so excessive or cruel as to shock the collective conscience of this court.”

   7 later decisions quote this exact passage
   e.g. State v. Lemley · State v. Peterson

2. “criminal and penal provisions and all penal statutes are to be construed according to the fair import of their terms, with a view to effect their objects and promote justice.”

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

3. “'Where the court is asked to review a punishment within the statutory limits, the question is whether the trial court abused its discretion’”

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