State v. Williams’s Empirical Analysis

Citation profile

454 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 455 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he failure of a sentencing court to specifically state that all or a portion of the sentence is to be served without benefit of probation, parole, or suspension of sentence shall not in any way affect the statutory requirement that all or a portion of the sentence be served without benefit of probation, parole, or suspension of sentence, (emphasis added).”

   40 later decisions quote this exact passage
   e.g. State v. Smith · State v. Wilturner

2. “[t]wo years of such imprisonment at hard labor shall be without benefit of parole, probation, or suspension of sentence.”

   27 later decisions quote this exact passage · from the majority
   e.g. 843 So. 2d 464 - State v. Comena · State v. Wilturner

3. “(I)t is readily apparent that a significant distinction may be drawn between vindictiveness which, after appeal, increases a defendant's sentencing exposure or increases a legal sentence, and the pro forma correction of an illegal sentence. When an illegal sentence is corrected, even though the corrected sentence is more onerous, there is no violation of the defendant's constitutional rights. [Citations omitted.] Simply stated, when a court complies with a non-discretionary sentencing requirement, i.e., a mandatory minimum term or special parole provision(s), no due process violation is implicated because neither actual retaliation nor vindictiveness exists.”

   11 later decisions quote this exact passage · from the majority
   e.g. State v. Paoli · State v. Wilson