133 Ohio App. 3d 90 - State v. Overcash’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “shall determine by clear and convincing evidence whether the offender is a sexual predator.”

   2 later decisions quote this exact passage
   e.g. State v. Wilder, Unpublished Decision (6-3-2004) · State v. Johnson, Unpublished Decision (4-28-2005)

2. “but not to the extent of such certainty as is required”

   2 later decisions quote this exact passage
   e.g. State v. Fears, Unpublished Decision (6-14-2005) · State v. Imler, Unpublished Decision (8-16-2005)

3. “(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 sentence is to be 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, displayed cruelty or made one or more threats of cruelty; (j) Any additional behavioral characteristics that contribute to the offender's conduct.”

   1 later decision quote this exact passage
   e.g. State v. Langenkamp, 17-07-08 (3-17-2008)