State v. Lipsky’s Empirical Analysis
1980
Citation profile
18 state decisions
How this case has been cited
Cited by 18 later decisions — most recently September 2014
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 Brady v. State of Maryland · Gideon v. Wainwright · Gregg v. Georgia · Furman v. Georgia · Pointer v. Texas
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.
“[Thhe sentencing judge[ ][has] discretion in determining what punishment fits both the crime and the offender,”
2 later decisions quote this exact passage“Circumstances aggravating or mitigating punishment, how presented — Limita tion. — The circumstances must be presented by the testimony of witnesses examined in open court, except that when a witness is so ill or infirm as to be unable to attend, his deposition may be taken by a magistrate of the county, out of court, upon such notice to the adverse party as the court may direct. No affidavit or testimony or representation of any kind, verbal or written, shall be offered to or received by the court or a judge thereof in aggravation or mitigation of the punishment, except as provided in this section. 1”
1 later decision quote this exact passagee.g. State v. Anderson“. . . the trial court may receive information concerning the defendant in the form of a presentence report without the author of the report necessarily personally appearing and testifying in open court, as would be required by § 77-35-13, but . . . the report should be disclosed to the defendant. If the defendant thinks the report inaccurate he should then have the opportunity to bring such inaccuracies to the court’s attention. [Id. at 1244.]”
1 later decision quote this exact passagee.g. State v. Anderson
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.