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← 128 P3D 197 - Carlson v. State

Carlson v. State’s Empirical Analysis

2006

Citation profile

16
cited by 16 later decisions
1
states following
May 2024
most recently cited

16 state decisions

How this case has been cited

Cited by 16 later decisions — most recently May 2024

16 state decisions

90200620102020decided

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

Relies on United States v. Booker · Apprendi v. New Jersey · Blakely v. Washington · McClain v. State · State v. Chaney

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

  1. “sentencing judges who wish to impose more than 30 years to serve for [this] crime . . . must explain why they view the defendant as having a worse background than that of a typical first felony offender, or why they view the defendant's crime as worse than a typical second-degree murder.”
    2 later decisions quote this exact passage
  2. “Indeterminate sentencing ... increases judicial discretion, ... but not at the expense of the jury’s traditional function of finding the facts essential- to lawful imposition of the penalty.... [Ijndeterminate [sentencing] schemes involve judicial factfinding, in that a judge ... may implicitly rule on those facts he deems important to the exercise of his sentencing discretion. But [these] facts do not pertain to whether the defendant has a legal right to a lesser sentence — and that makes all the difference [on the issue of] judicial impingement upon the traditional role of the jury.... In a system that says the judge may punish burglary with [a sentence of] 10 to 40 years, every burglar knows he is risking 40 years in jail. [But in] a system that punishes burglary with a 10-year sentence, with another 30 added for use of a gun, the burglar who enters a home unarmed is entitled to no more than a 10-year sentence — and by reason of the Sixth Amendment[,] the facts [that authorize any higher sentence] must be found by a jury.”
    1 later decision quote this exact passage
  3. “When a defendant [challenges] a composite sentence for two or more criminal convictions, this Court assesses whether the defendant's combined sentence is clearly mistaken, given the whole of the defendant's conduct and history.”
    1 later decision 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.