State v. Bell’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Among the factors to be considered in addition to the circumstances of the offense are the defendant’s criminal record, social history, the physical and mental condition of a defendant where appropriate, and the likelihood that pretrial diversion will serve the ends of justice and the best interest of both the public and the defendant.”

   4 later decisions quote this exact passage · from the majority
   e.g. State v. McKim · State of Tennessee v. Susan Gail Stephens

2. “[W]e disagree with the dissenting view that a district attorney general’s failure to consider all of the relevant factors, including any evidence favorable to a defendant, is of no consequence as long as the reasons stated for denying diversion are supported by the record. Such a holding would be contrary to our long-established cases that require a district attorney general to focus upon a defendant’s amenability to correction. Moreover, it is the consideration of all of the relevant factors that ensures that the district attorney general properly exercises his or her discretion and identifies suitable candidates for pretrial diversion. Thus, failing to do so constitutes an abuse of discretion.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Oakes

3. “The district attorney general denied pretrial diversion because [the defendant] failed to take responsibility for his actions, has a record of traffic offenses, acted recklessly, endangered persons other than the victims, and has an unstable work history. The district attorney general also cited a need to deter irresponsible driving by tractor-trailer drivers. The district attorney general, however, failed to consider evidence favorable to [the defendant], such as his honorable discharge from the United States Army, stable marriage of thirteen years, high school diploma, and lack of a history of drug or alcohol abuse.”

   1 later decision quote this exact passage · from the majority
   e.g. Sidney S. Stanton III v. State of Tennessee