Legal Opinion · Concurrence

State v. Horton

Supreme Court of Iowa

Decided June 25, 1975No. 57324Published

1ConcurrenceMcCORMICK, Justice

The most important responsibility of a trial judge in a criminal case is his duty to pronounce sentence after a defendant’s conviction. No other power of the judge has such a potentially devastating effect on the lives of the defendant and his family. No other power so affects the public interest.

It is an anomaly that the exercise of this power, among the greatest that one person .may. exercise over the life of another, is virtually unreviewable. We have made it so. If the sentence does not exceed the maximum provided in the applicable statute, we will not interfere unless the record…

2Cases cited10 opinions

  1. State v. CupplesSupreme Court of Iowa · 1967
  2. Wiles v. MyerlySupreme Court of Iowa · 1973
  3. State v. DrakeSupreme Court of Iowa · 1974
  4. State v. MillikenSupreme Court of Iowa · 1973
  5. Ruby Ex Rel. Ruby v. EastonSupreme Court of Iowa · 1973

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