Alvarez v. State’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"We perceive no reason why an accused who changes his plea from guilty to not guilty on retrial should be able at the same time to hold the State to the punishment sought or secured at the first trial."”

   2 later decisions quote this exact passage · from the majority
   e.g. Palm v. State · Bouie v. State

2. ““Due process of law, then, requires that vindictiveness against a defendant for having successfully attacked his first conviction must play no part in the sentence he receives after a new trial. And since fear of such vindictiveness may unconstitutionally deter a defendant’s exercise of the right to appeal or collaterally attack his first conviction, due process also requires that a defendant be freed of apprehension of such a retaliatory motivation on the part of the sentencing judge. “In order to assure the absence of such a motivation, we have concluded that whenever a judge imposes a more severe sentence upon a defendant after a new trial, the reasons for his doing so must affirmatively appear. Those reasons must be based upon objective information concerning identifiable conduct on the part of the defendant occurring after the time of the original sentencing proceeding. And the factual data upon which the increased sentence is based must be made part of the record, so that the constitutional legitimacy of the increased sentence may be fully reviewed on appeal.””

   1 later decision quote this exact passage · from the majority
   e.g. Bouie v. State

3. ““Absent a showing of circumstances that would indicate prosecutorial vindictiveness, such as improper refusal to con tinue to honor a plea bargain previously made, we are of the opinion that no violation of the principles of North Carolina v. Pearce has been shown. . . . We remain convinced that the disparity between the ten year sentence on appellant’s first trial and the life sentence on appellant’s second trial has not been shown to be anything other than a consequence of trial strategy, as opposed to prosecutorial vindictiveness." (Emphasis added.)”

   1 later decision quote this exact passage · from the majority
   e.g. Bouie v. State