Public-domain · open source
OpenJurist
← 568 P2D 297 - Henderson v. State

Henderson v. State’s Empirical Analysis

1977

Citation profile

5
cited by 5 later decisions
2
states following
February 2004
most recently cited

5 state decisions

How this case has been cited

Cited by 5 later decisions — most recently February 2004

5 state decisions

301977198019902000decided

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 Peyton v. McCaslin · Wallace v. State · 35 Okla. Crim. 414 - Queen v. State · Allison 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Violations of the conditions of a suspended sentence need only be shown by a preponderance of the evidence. Allison v. State, 562 P.2d 883 (Okl.Cr.1977). A preponderance of the evidence has been defined by this Court to mean simply the greater weight of evidence. Queen v. State, 35 Okl.Cr. 412 , 250 P. 935 (1925). Preponderance was also defined in the case of Peyton v. McCaslin, 417 P.2d 316 (Okl.1966), to mean that which, to the mind of the trier of fact or the seeker of truth, seems most convincing and more probably true. Moreover, this Court has also consistently held that the decision to revoke the suspended sentence in whole or in part lies within the discretion of the trial court and absent an abuse thereof the trial court’s decision will not be disturbed. Wallace v. State, 562 P.2d 1175 (Okl.Cr.1977). The evidence produced by the State and stipulated to by defense not only could have been interpreted as of greater weight, but also could have been deemed more probably true than not by the trial judge reviewing this evidence.”
    1 later decision quote this exact passage · from the majority

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.