Trease v. State’s Empirical Analysis

Citation profile

85 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 86 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he relative weight given each mitigating factor is within the discretion of the sentencing court.”

   15 later decisions quote this exact passage · from the majority
   e.g. Walker v. State · Parker v. State

2. “Discretion is abused only `when the judicial action is arbitrary, fanciful, or unreasonable, which is another way of saying that discretion is abused only where no reasonable [person] would take the view adopted by the trial court.'”

   13 later decisions quote this exact passage · from the majority
   e.g. BAYVIEW LOAN SERVICING, LLC v. HUSO DZIDZOVIC · 3 So. 3d 1204 - Hojan v. State

3. “Trease told her that the victim had to be killed because he could identify them, in addition to evidence that the victim would have been able to identify Trease if he had lived because he and Trease were acquaintances”

   3 later decisions quote this exact passage · from the majority
   e.g. 143 So. 3d 359 - Wilcox v. State · 803 So. 2d 629 - Hertz v. State