State v. Gish’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “From the foregoing cases, it is clear that a hearing regarding an application for probation must be conducted in a judicial manner. It is imperative that the hearing process “affords the defendants full opportunity to present evidence in their behalf.” Otherwise, the trial judge might not be sufficiently informed to fulfill the obligation that he “must exercise this judicial discretion [to grant or refuse a probation application] in a lawful and legal manner . . . and grant or deny the same [the application] in the exercise of a sound, legal discretion.””

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

2. ““When a trial court receives information from an investigation report, the accused must have a reasonable opportunity to examine such report so that, should he desire, he may explain and defend adverse matters therein. Otherwise the opportunity- to present evidence would be meaningless.” State v. Grady, supra, 89 Idaho at 213 , 404 P.2d at 353 (quoted in State v. Gish, supra, 89 Idaho at 334 , 404 P.2d 595 ).”

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

3. “"The application for probation under the provisions of I.C. § 19-2601 is not in the form of an application for mitigation of punishment, * * * but is an application for the exercise of the law's humane provisions to allow a person an opportunity to become rehabilitated under proper control and supervision."”

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