128 Ohio App. 3d 710 - State v. Lee’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he trial court has the discretion to consider all cogent evidence on the issues so long as the evidence satisfies a basic standard of being reliable, substantive, and probative”

   4 later decisions quote this exact passage
   e.g. State v. Rickard, Unpublished Decision (10-16-2006) · State v. Miller

2. ““In making a determination under divisions (B)(1) and (3) of this section as to whether an offender is a sexual predator, the judge shall consider all relevant factors, including, but not limited to, all of the following: “(a) The offender’s age; “(b) The offender’s prior criminal record regarding all offenses, including, but not limited to, all sexual offenses; “(c) The age of the victim of the sexually oriented offense for which sentence is to be imposed; “(d) Whether the sexually oriented offense for which the sentence is imposed involved multiple victims; “(e) Whether the offender used drugs or alcohol to impair the victim of the sexually oriented offense or to prevent the victim from resisting; “(f) If the offender previously has been convicted of or pleaded guilty to any criminal offense, whether the offender completed any sentence imposed for the prior offense, and, if the prior offense was a sex offense or a sexually oriented offense, whether the offender participated in available programs for sexual offenders; “(g) Any mental illness or mental disability of the offender; “(h) The nature of the offender’s sexual conduct, sexual contact, or interaction in a sexual context with the victim of the sexually oriented offense and whether the sexual conduct, sexual contact, or interaction in a sexual context was part of a demonstrated pattern of abuse; “(i) Whether the offender, during the commission of the sexually oriented offense for which sentence is to be imposed, displa”

   2 later decisions quote this exact passage
   e.g. State v. Page, Unpublished Decision (3-18-2004) · 142 Ohio App. 3d 580 - State v. Riley

3. “[a] sexual predator classification hearing is similar to sentencing or probation hearings where it is well settled that the Rules of Evidence do not strictly apply. A classification hearing does not occur until after the offender has been convicted of the underlying offense. Further, the classification hearing is intended to determine the offender's status, not to determine the guilt or innocence of the offender. Accordingly, we hold that the Ohio Rules of Evidence do not strictly apply to sexual predator classification hearings.”

   2 later decisions quote this exact passage
   e.g. State v. Miller · State v. Thomas, Unpublished Decision (10-31-2005)