Spearman v. State’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Further, we note that the statement in Waters to the effect that maximum sentences should usually be given to the worse offender “ . . . does not preclude the sentencing judge from considering a variety of factors which make a defendant a ‘particularly difficult type of offender.’ ” Here, assuming arguendo the applicability of Waters, in light of Spearman’s past conviction of aggravated assault and robbery and his consequent undesirable military discharge, the presentence report’s recommendation, and the actual facts surrounding Spearman’s attempt to blow up a portion of Papa Joe’s during a time when numerous persons were on the premises, we are of the belief that compelling evidence is present in this record which would justify characterization of Spearman as the “worst type of offender.””

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