State v. Foster’s Empirical Analysis
2006
Citation profile
18 federal appellate · 4,715 state decisions
How this case has been cited
Cited by 4,853 later decisions (2 by the Supreme Court) — most recently March 2026 · most notably State v. Kalish (2008), State v. Marcum (Slip Opinion) (2016)
18 federal appellate · 4,715 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 18 U.S.C. § 3553
Relies on United States v. Booker · Apprendi v. New Jersey · United States v. Olano · Blakely v. Washington · Almendarez-Torres v. United States
Cited together with Blakely v. Washington · Apprendi v. New Jersey · Strickland v. Washington · State v. Kalish · State v. Mathis
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 4,853 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]rial courts have full discretion to impose a prison sentence within the statutory range and are no longer required to make findings or give their reasons for imposing maximum, consecutive, or more than the minimum sentences.”
490 later decisions quote this exact passage · from the concurrence“and those pending on direct review must be remanded to trial courts for new sentencing hearings not inconsistent”
156 later decisions quote this exact passage · from the dissent“to protect the public from future crime by the offender and others and to punish the offender.”
72 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.