137 Ohio App. 3d 597 - State v. Kawaguchi’s Empirical Analysis

Citation profile

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

1. “(a) In committing the offense, the offender caused physical harm to a person. (b) In committing the offense, the offender attempted to cause or made an actual threat of physical harm to a person with a deadly weapon. (c) In committing the offense, the offender attempted to cause or made an actual threat of physical harm to a person, and the offender previously was convicted of an offense that caused physical harm to a person. (d) The offender held a public office or position of trust and the offense related to that office or position; the offender's position obliged the offender to prevent the offense or to bring those committing it to justice; or the offender's professional reputation or position facilitated the offense or was likely to influence the future conduct of others. (e) The offender committed the offense for hire or as part of an organized criminal activity. (f) The offense is a sex offense * * * (g) The offender previously served a prison term. (h) The offender committed the offense while under a community control sanction, while on probation, or while released from custody on a bond or personal recognizance. The offender committed the offense while in possession of a firearm.”

   2 later decisions quote this exact passage · from the dissent
   e.g. State v. Jones, Unpublished Decision (4-15-2004) · State v. Adams, Unpublished Decision (12-9-2004)

2. “I have read the presentence report and I have had the benefit of reading some of the other evidentiary material in this case throughout the course of this case. The record does reflect that this — this case was worsened by the age of the victim, being only sixteen; was facilitated by the Defendant's relationship with the victim. And is also worsened by the fact that the Defendant does work with youth, or was working with youth in his capacity as a wrestling coach. {¶ 10} "He does have one prior adjudication as a delinquent, which was sometime ago, and really isn't of much account in this case I don't think. {¶ 11} "Since an adult he doesn't have any prior criminal convictions, and basically, other than this offense, has been law abiding. Although there were two cases that were dismissed in the East Liverpool Municipal Court as shown by the presentence report. {¶ 12} "And obviously, this crime is a sex offense. {¶ 13} "In considering all of these things and the type of crime, I think that the seriousness factors outweigh the recidivism factors in this case, and I feel that a prison term is consistent with the purposes of this statute. I think that this is the type of crime where punishment is warranted, regardless of whether any rehabilitation can or not be accomplished at the prison system. {¶ 14} "I find that the Defendant is not amenable to community control sanctions.”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Ice, Unpublished Decision (3-20-2006)

3. “the overriding purposes of felony sentencing,”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Warren, Unpublished Decision (10-31-2005)