Stewart v. State’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Id. Ind.Code § 35-38-1-2 requires trial courts to articulate aggravating and mitigating cireumstances only in felonies. Id. The statute excludes misdemeanor sentencing by implication. Id. Thus, the trial court here was not required to articulate and balance aggravating and mitigating cireumstances before imposing Cuyler's sentence. However, Ind.Code § 385-50-1-2, which provides that the trial court”

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

2. “a trial court is not required to articulate and balance aggravating and mitigating circumstances before imposing sentence on a misdemeanor conviction.”

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

3. “Without a presumptive sentence from which to start, trial courts have nothing to enhance or reduce.”

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