State v. Walker’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Appellate review of factual determinations made by the trial court deciding pretrial motions in a criminal case is governed by the clearly erroneous standard. A finding of fact is clearly erroneous when (1) the record lacks substantial evidence to support the finding, or (2) despite substantial evidence in support of the finding, the appellate court is nonetheless left with a definite and firm conviction that a mistake has been made. The circuit court's conclusions of law are reviewed under the right/wrong standard.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. State v. Rippe · State v. RAPOZO

2. “(1) Notwithstanding [HRS § ] 706-669 [(Supp. 1996) (providing for parole hearing and procedure therefor) ] and any other law to the contrary, any person convicted of ... [HRS § ] 712-1243 ... and who has a prior conviction ... for ... any of the class C felony offenses enumerated above [including HRS § 708-836, relating to unauthorized control of [a] propelled vehicle,] ... shall be sentenced to a mandatory minimum period of imprisonment without possibility of parole during such period as follows: (a) One prior felony conviction: [[Image here]] (iv) Where the instant conviction is for a class C felony offense enumerated above— one year, eight months; [[Image here]] (2) Except as in [paragraph] (3)[ (concerning special terms for young adults) ], a person shall not be sentenced to a mandatory minimum period of imprisonment under this section unless the instant felony offense was committed [[Image here]] [[Image here]] (e) Within five years after a prior felony conviction where the prior felony conviction was for a class C felony offense enumerated above[.]”

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

3. “Sentencing for first-time drug offenders.... (1) Notwithstanding any penalty or sentencing provision under [HRS ch. 712, pt. IV (concerning offenses related to drugs and intoxicating compounds)], a person convicted for the first time for any offense under [HRS ch. 712, pt. IV] involving possession ..., not including to distribute or manufacture as defined in [HRS § ] 712-1240 [ (Supp. 1997) ], of any dangerous drug ... who is non-violent, as determined by the court after reviewing the: (a) Criminal history of the defendant; (b) Factual circumstances of the offense for which the defendant is being sentenced; and (c) Other information deemed relevant by the court; shall be sentenced in accordance with [paragraph] (2); provided that the person does not have a conviction for any violent felony for five years immediately prece[]ding the date of the commission of the offense for which the defendant is being sentenced. (2) A person eligible under [paragraph] (1) shall be sentenced to probation to undergo and complete a drug treatment program....”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Reis