State v. Grear’s Empirical Analysis

Citation profile

77 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 77 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “... [I]n order for the reviewing appellate court to be warranted in finding an abuse of discretion by the trial court in these cases it must demonstrate that the record contains no substantial evidence to support the conclusion of the trial court that the defendant is not entitled to probation or suspended sentence, giving due consideration to the criteria set out in the statute and decisions of this court as appropriate for determining suitability for probation. Those criteria are ‘... the circumstances of the offense, criminal record, social history, and present condition of the defendant,’ T.C.A. § 40-2904 [now § 40-21-104]; the physical and mental condition, where appropriate, of the defendant, Stiller v. State, supra [ 516 S.W.2d 617 (1974)]; and the likelihood, or lack thereof, that probation will subserve the ends of justice and the best interests of both the public and the defendant, Hooper v. State, supra [ 201 Tenn. 156 , 297 S.W.2d 78 (1956)]. The record should contain findings of fact of the trial judge respecting these criteria as well as his conclusions of law with respect thereto; otherwise, meaningful appellate review is not possible.”

   9 later decisions quote this exact passage
   e.g. State v. Barber · State v. Bell

2. “It is not the trial court’s function to disapprove the denial whenever it disagrees with the prosecutor. It is obligated to defer to the prosecutor’s discretion when the record contains any substantial evidence to support the decision. Thus, if the record would support either a grant or a denial of pretrial diversion, the trial court must defer to the prosecutor’s discretionary decision. As our Supreme Court has previously stated regarding a discretionary decision in another context, if “the evidence would support either conclusion ... it cannot be an abuse of discretion to decide the case either way.””

   1 later decision quote this exact passage
   e.g. State v. Josephine C. Skidmore

3. ““... the discretion thus vested in the trial judge is not absolute but is a judicial one which is reviewable in the appellate courts and may be reversed if the appellate court finds that the decision of the trial court was an abuse of judicial discretion.” State v. Grear, Tenn., 568 S.W.2d 285 at 286 (1978).”

   1 later decision quote this exact passage
   e.g. Fowler v. Consolidated Aluminum Corp.