Evans v. State’s Empirical Analysis

Citation profile

1 federal appellate · 49 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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * We further hold that § 7-13-301, W.S.1977, is a proper exercise of an inherent legislative power to prohibit suspension of sentence in a given case. ⅜ ⅜ * “The legislature is free to retain or delegate sentencing discretion when defining and setting punishment. It may properly delegate sentencing discretion in part and retain sentencing discretion in part.” Evans, supra, 655 P.2d at 1224 .”

   2 later decisions quote this exact passage
   e.g. King v. State · Schuler v. State

2. ““(b) Other crimes, wrongs, or acts. — Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.””

   2 later decisions quote this exact passage
   e.g. Noetzelmann v. State · Makinen v. State

3. ““The habitual criminal statute does not create a new or separate crime and does not authorize or contemplate the conviction of the charge of being an habitual criminal. The distinct crime of being an habitual criminal is unknown. The habitual criminal act only prescribes a punishment and provides that in cases of a fourth felony conviction the penalty shall be enhanced. The repetition of criminal conduct aggravates the offense and provides greater penalties. The punishment is for the fourth felony, but it is enhanced because the defendant is an habitual criminal. The prior felony convictions are not integral parts of the principal offense charged in the information, but are instead matters of aggravation concerning the punishment to be imposed. Habitual criminality is a status, not an offense, and its finding calls for an enhancement of the punishment for the crime charged. “ ‘ * * * Since habitual criminality is a status, not a crime, * * * a judgment of conviction of an accused as an “habitual criminal” is considered null and void, there being no such offense, and on conviction under an indictment alleging prior convictions there can be but one judgment or sentence imposed.’ 24B C.J.S. Sentence of Judgment § 1971, p. 521 (1962). “ ‘ * * * Habitual criminality is a status rather than an offense, and allegations of previous convictions made in indictments or informations brought under an habitual criminal statute do not constitute a distinct charge of crime, but go only to th”

   1 later decision quote this exact passage
   e.g. Schuler v. State