Penick v. State’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]his statutory factor focuses on imposition of a reduced sentence and it may be used only when considering the imposition of a sentence which is shorter than the presumptive sentence.”

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

2. “Although a court must consider the evidence of mitigating factors presented by a defendant, the finding of mitigating cireumstances lies within the sound discretion of the trial court. Aguirre v. State (1990), Ind., 552 N.E.2d 478 , 476. The trial court is not obligated to make a finding of mitigating factors, nor explain why it has chosen not to do so. Avance v. State (1991), Ind., 567 N.E.2d 1149, 1154 . Further, a "trial court is not obligated to accept a defendant's version of what constitutes mitigating cireum-stances." Magers v. State (19983), Ind., 621 N.E.2d 328 , 324.”

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

3. “is in need of correctional or rehabilitative treatment that can best be provided by his commitment to a penal facility.”

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