Thurlkill v. State’s Empirical Analysis
1976
Citation profile
18 state decisions
How this case has been cited
Cited by 18 later decisions — most recently June 2016
18 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on State v. Chaney · Waters v. State · Ravin v. State · Evans v. State · Nicholas v. State
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.
“We think it is clear, however, that our previous cases and the recently enacted criminal rule [Criminal Rule 32(c)(2) evidence a strong policy against the use of police contacts in presentence reports. Therefore, in future cases, whenever a report contains information regarding police contacts, upon request by the defense, the trial judge at the time of sentencing shall state on the record that he is not relying on that information in imposing the sentence. 48 (footnotes omitted)”
2 later decisions quote this exact passage“While it can be argued that a trial judge is able by virtue of legal training and experience to ignore irrelevant data in passing sentence, this does not dispose of a basic rationale underlying sentence appeals — rehabilitation of the offender by affording him an opportunity to assert grievances regarding his sentence. The judge may in fact be able to disregard unverified derogatory information, but it is doubtful whether a lay defendant will attribute such impartiality to him. Thus, the defendant may often believe his sentence is based in part upon incorrect allegations. His consequent reaction to the system which permits this may well hinder or destroy any rehabilitative effect of the sentence. 7”
1 later decision quote this exact passagee.g. Bowlin v. State“1. Smuggling or sale of large quantities of narcotics or possession of large quantities for .sale. 2. Smuggling or sale of small quantities of narcotics, or possession of small quantities for sale. 3. Possession of narcotics without intent to sell. 4. Marijuana offenses.”
1 later decision quote this exact passagee.g. Davis v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.