State v. Lindsey’s Empirical Analysis

Citation profile

2 federal appellate · 12 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he court shall decide the extent or duration of sentence or other disposition to be imposed under all the circumstances, having regard to the nature and circumstances of the offense and the history and character of the defendant and render judgment accordingly.”

   2 later decisions quote this exact passage
   e.g. State v. Wright · State v. Donovan

2. “to undertake a case by case, defendant by defendant, evaluation in order to fashion an appropriate punishment 'which not only fits the crime but which also fits the criminal.'”

   2 later decisions quote this exact passage
   e.g. Williams v. State · State v. Donovan

3. “Although I do not doubt the good faith of the trial court, the comments imply that [appellant’s] sentence may have been enhanced for challenging the state’s evidence and for testifying as to his own recollection of the incident. Any enhancement of his sentence based on those factors serves to punish [appellant] for exercising his right to a full and fair trial. “[S]ince the tenor of the court’s observation is not entirely clear, and because the remedy is relatively painless, [I] believe the trial court should be afforded an opportunity to fully examine [its] sentencing procedure and to consider the factors which motivated the sentence imposed.” For the public to have confidence that the constitutional right to a jury trial is sacrosanct, even the appearance that punishment is being enhanced because of exercise of that right must be remedied.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. White