128 Wash. 2d 323 - State v. Bartlett’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The primary consideration for the exceptional sentence was not the fact of the prior conviction, but a recognition that the injury [the defendant] inflicted upon his older son . . . put him on special notice of the serious risk to infants which he disregarded when he shook his younger son . . . with violent force. From these circumstances, the trial court concluded [the defendant] evidenced an especially culpable mental state to an extent not considered in calculating his offender score.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Souther · 100 Wash. App. 701 - State v. Souther

2. “To reverse a sentence which is outside the sentence range, the reviewing court must find: (a) Either that the reasons supplied by the sentencing judge are not supported by the record which was before the judge or that those reasons do not justify a sentence outside the standard range for that offense; or (b) that the sentence imposed was clearly excessive or clearly too lenient.”

   2 later decisions quote this exact passage
   e.g. State v. Souther · 100 Wash. App. 701 - State v. Souther

3. “[A] distinction can be made between merely considering the fact of the prior conviction and considering the particularized knowledge gained by [the defendant] from the circumstances upon which the prior conviction was based.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Ferguson · State v. Souther