Ware v. State’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “First, the restitution order violates the restitution statute. Second, the requirement that Ware pay for any counseling S.H. receives as a result of this crime imposes an undue financial burden on Ware, as it requires Ware to pay for S.H.’s counseling in perpetuity. Third, the record is devoid of any evidence to determine the proper amount of restitution, i.e., the cost of S.H.’s counseling up to the time of sentencing. In light of these considerations, we find that the trial court’s restitution order constitutes fundamental error. Accordingly, we reverse this portion of Ware’s sentence and remand with instructions to the trial court to determine the cost of any counseling S.H. received before the time of sentencing as a result of Ware’s crimes. See I.C. 35-50-5-3(a)(2).”

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

2. “We review a trial court’s decision to admit or exclude evidence for an abuse of discretion. Iqbal v. State, 805 N.E.2d 401, 406 (Ind.Ct.App.2004). An abuse of discretion occurs if a trial court’s decision is clearly against the logic and effect of the facts and circumstances before the court. Id. However, the improper admission of evidence is harmless error when the conviction is supported by substantial independent evidence of guilt sufficient to satisfy the reviewing court that there is no substantial likelihood that the questioned evidence contributed to the conviction. Hernandez v. State, 785 N.E.2d 294, 300 (Ind.Ct.App.2003), trans. denied.”

   1 later decision quote this exact passage
   e.g. Jeffrey Embrey v. State of Indiana

3. “Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, intent, preparation, plan, knowledge, identity, or absence of mistake or accident!.]”

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