Dotson v. Commonwealth’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. “In all felony cases the jury in its initial verdict makes a determination of guilt or innocence. Then the jury makes a recommendation to the trial judge who imposes the final sentence. In making the initial determination, it is clear that this action is subject to the final imposition of sentence by the trial judge. These distinct activities have significance, meaning and importance. They are not automatic or pro forma. Each entity in the sentencing system as established by the legislature has a specific statutory role. KRS 532.055(2) provides in part that the jury will determine punishment. Such determination relates to the initial establishment of a sentence and not to how or in what manner the sentence is to be served. The same section also states that the jury will only recommend whether the sentences shall be served concurrently or consecutively.”

   1 later decision quote this exact passage
   e.g. Peyton v. Commonwealth

2. “[M]ultiple sentences shall run concurrently or consecutively as the court shall determine at the time of sentence. ...”

   1 later decision quote this exact passage
   e.g. Lawson v. Commonwealth

3. “[t]he jury shall recommend whether the sentences shall be served concurrently or consecutively”

   1 later decision quote this exact passage
   e.g. Lawson v. Commonwealth