Elswick v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In each of the cases applying Kendrick, the trial court ordered a sentence to run consecutively to a sentence imposed at a different time, as in the case before us. However, in those cases the consecutive sentence was either tacked onto a sentence for an unrelated crime or was imposed by a different court. Here, the conspiracy conviction was closely related to [the defendant's] convictions for murder and attempted murder. Had [the defendant] succeeded in his conspiracy, he well might have avoided conviction of murder and attempted murder and would have accomplished the previously attempted murder of Kyle. In addition, the trial judge imposing the sentences presided over both trials.”

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

2. “Unlike Kendrick and its progeny, the two causes here were closely related sharing a strong factual connection. Furthermore, because he had tried both cases, the facts of each case were before Judge Duffin when he ordered the consecutive sentence. Therefore, we hold that, under Buell, the trial court was within its discretion under Ind.Code § 35-50-1-2(a) to order [the defendant's] sentence for conspiracy to commit murder to run consecutively to his sentences for murder and attempted murder.”

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

3. “But for the hung jury and subsequent mistrial, the court would have sentenced [the defendant] on all counts contemporaneously.”

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