State v. Frawley’s Empirical Analysis
2007
Citation profile
82 state decisions
How this case has been cited
Cited by 88 later decisions — most recently December 2021 · most notably Kersey v. Hatch (2010), State v. Juan (2010)
82 state decisions
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
Applies 18 U.S.C. § 3553 · 18 U.S.C. § 3742
Relies on United States v. Booker · Apprendi v. New Jersey · Blakely v. Washington · Gideon v. Wainwright · Teague v. Lane
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 88 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] court establishes a new rule when its decision is flatly inconsistent with the prior governing precedent and is an explicit overruling of an earlier holding.”
2 later decisions quote this exact passage · from the dissent“the Sixth Amendment is violated any time a defendant is sentenced above what is authorized solely by the jury's verdict alone.”
2 later decisions quote this exact passage · from the dissent“[Notwithstanding the broad statutory language [in § 31-18-15.1] implying that a judge in New Mexico may alter a sentence upward in any case, the actual fact is that a judge’s discretion to do so is quite limited. Long ago, we construed Section 31-18-15.1 to mean that the State must actually seek “enhancement” of a basic sentence on grounds of aggravating circumstances by filing a pleading so that the defendant may have “notice of the specific aggravating factors on which the state intends to rely.” Caristo v. Sullivan, 112 N.M. 623, 631 [ 818 P.2d 401 ] (1991) (emphasis added). In other words, in actual day-to-day operation of our sentencing laws, it is the State’s discretion, rather than the judge’s, that must be exercised before a sentence may be aggravated....”
1 later decision quote this exact passage · from the dissent
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.