Ex Parte Weeks’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"In Alabama v. Smith , 490 U.S. 794 , 109 S.Ct. 2201 , 104 L.Ed.2d 865 (1989), the Supreme Court addressed the question whether a presumption of vindictiveness applied when a sentence imposed after trial is greater than the sentence previously imposed after a guilty plea. In Smith , the defendant agreed to plead guilty to burglary and rape charges in exchange for the State's dismissing a sodomy charge. The trial court accepted the plea bargain and sentenced the defendant to 30 years' imprisonment on each charge. The defendant later succeeded in having his guilty pleas vacated and was tried on rape, burglary, and sodomy charges. The jury returned a guilty verdict on all three charges and the trial court sentenced him to life imprisonment on the burglary conviction, a concurrent term of life imprisonment on the sodomy conviction, and a consecutive term of 150 years on the rape conviction. "The Supreme Court held that a presumption of vindictiveness does not apply in every case where the defendant receives a harsher sentence on retrial. Only in such circumstances where there is a 'reasonable likelihood' that the increased sentence is a product of vindictiveness will the presumption of vindictiveness apply. Smith , 490 U.S. at 799 , 109 S.Ct. at 2205 . 'Where there is no such reasonable likelihood, the burden remains upon the defendant to prove actual vindictiveness.' Id. "The Supreme Court specifically held that when a greater penalty is imposed after trial than was imposed afte”

   2 later decisions quote this exact passage
   e.g. Long v. State · 591 So. 2d 441 - Ex Parte Weeks