Whitmore v. Maggio’s Empirical Analysis

Citation profile

13 federal appellate · 8 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Later that morning Whitmore and Payne twice visited Bill’s Shoe Store in Zachary, Louisiana. They looked around but did not buy anything. On one of the visits, their car was left running while they were in the store. * * * Whitmore and Payne returned to the store a third time at 4:00 p.m. on the same day. Matthews and Bill Messer, the owner of the shoe store, were both working. Whit-more distracted Messer by saying he wanted some desert boots. Messer showed Whitmore the boots at the shoe counter, out of the sight of Matthews, who was at the cash register. Payne then took Matthews at gunpoint to the back of the store. * * * While Payne held the two at gunpoint at the back of the store, Whitmore returned to the store, took the store’s cash box, and ran to a waiting car driven by Samuel Harris. The two rode around the block and then returned to the scene. In the meantime, Payne raped Matthews and forced her and Messer into the bathroom. Whit-more and Harris then picked up Payne. The three men rode around for a short time while Whitmore and Payne discarded noncurrency items obtained in the robbery.” 742 F.2d at 232 (emphasis added).”

   1 later decision quote this exact passage · from the majority
   e.g. Whitmore v. Maggio

2. “In sum, a court's proportionality analysis under the Eighth Amendment should be guided by objective criteria, including (i) the gravity of the offense and the harshness of the penalty; (ii) the sentences imposed on other criminals in the same jurisdiction; and (iii) the sentences imposed for commission of the same crime in other jurisdictions.”

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

3. “"All persons concerned in the commission of a crime, whether present or absent, and whether they directly commit the act constituting the offense, aid and abet in its commission, or directly or indirectly counsel or procure another to commit the crime, are principals."”

   1 later decision quote this exact passage · from the majority
   e.g. 533 So. 2d 110 - State v. Baum