119 Or. App. 84 - State v. Nelson’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The court gave five reasons for departure: multiple incidents, criminal history, the seriousness of the offense, defendant's failure to appear and the fact that the offenses were committed while defendant was on release. As discussed above, the last two factors are appropriate considerations. However, it was not proper for the court to base the departure on defendant's criminal history and seriousness of the offense, because those factors were taken into account in determining the presumptive sentence under the guidelines. Further, it is unclear what the trial court meant when it mentioned `multiple incidents.' That would be an appropriate consideration if the court were referring to incidents related to the offense for which a sentence is being imposed." 119 Or.App. at 89 , 849 P.2d 1147 . (Emphasis supplied.)”

   1 later decision quote this exact passage
   e.g. 132 Or. App. 443 - State v. Brown