Smallwood v. State’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. “We have said that filed presentence reports and information are evidence for the exercise of sentencing discretion, subject only to the rights of the convicted individual to deny, dispute or disprove_ [Sentencing will not be disturbed as violation of due process because of sentencing procedures unless the defendant can show an abuse of discretion, procedural conduct prejudicial to him, and circumstances which manifest inherent unfairness and injustice, or conduct which offends the public sense of fair play.... [T]he defendant had the burden to “establish that the sentencing judge in fact rested the sentence on false or improper premises.””

   2 later decisions quote this exact passage · from the concurrence
   e.g. Swingholm v. State · Andrew William Deeds

2. “an opportunity to rebut pre-sentence information which is materially false or which furnishes invalid premises for the sentence which the judge is imposing.”

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

3. “[The record clearly shows that the information before the sentencing judge ... had been disclosed to appellant, and he was given opportunity to respond.”

   1 later decision quote this exact passage
   e.g. Andrew William Deeds