Hicks v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Ujpon resentencing a defendant, a sentencing court cannot 'impose a more severe penalty than that originally imposed unless the court includes in the record of the sentencing hearing a statement of the court's reasons for selecting the sentence that it imposes which includes reliance upon identifiable conduct on the part of the petitioner that occurred after the imposition of the original sentence.”

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

2. “the harm that the Pearce case seeks to prevent upon resentencing is not the imposition of greater sentences but the 'vindictiveness of a sentencing judge' for a defendant's sue-cessful appeal of the court's holding.”

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

3. “There is no presumption of vindie-tiveness even in cases where the court increases a defendant's sentence over that of his or her original sentence.”

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