Clark v. State’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. “It appears likely, or at least strongly possible, that the trial court thought that once three convictions were established, Clark “shall be punished,” and that the only discretion allowable was between life with the possibility of parole or life without the possibility of parole. . . . [H]owever, it was incumbent upon the trial court to weigh properly whether the habitual criminality count should have been dismissed pursuant to the discretion conferred by NRS 207.010(4).[ 23 ] Based upon what looks very much like a misunderstanding on the part of the trial judge, we have decided to send this case back for resentencing. 24”

   2 later decisions quote this exact passage
   e.g. Hughes v. State · O'NEILL v. State

2. “One facing adjudication as a habitual criminal ... is at the mercy of the court and is thus subject to the broadest kind of judicial discretion.”

   2 later decisions quote this exact passage
   e.g. Johnson v. State · Tanksley v. State

3. “The trial court in this case did not “clearly disclose” that it “weighed the appropriate factors for and against the criminal enhancement.” The court did not decide that it was “just and proper,” based on the nature and gravity of his prior convictions, to adjudge Walker a habitual offender under the relevant statute.”

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