State v. Arthur’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Until recently, confusion existed as to the standard of review applied in sentence review based on dicta from State v. Herrera ... and as applied by the Court of Appeals in some cases. However, in State v. Huffman the Court addressed the apparent confusion surrounding the standard of review. Huffman presented a nearly identical argument to the one Arthur presents here, arguing that the Court should refuse to adopt the “special circumstances” test utilized by the Court of Appeals and instead always review both the determinate and indeterminate portion of a sentence. However, this Court pointed out we had never held we would not review the aggregate sentence to see if it was reasonable under the facts of a case when a sentence is announced. . Then, in State v. Oliver, the Court made it abundantly clear that it reviews a defendant’s entire sentence for an abuse of discretion. Additionally, the Court noted that a defendant challenging his [or her] sentence on appeal “need not show special circumstances in order for the appellate court to review the entire sentence, including the indeterminate portion.””

   1 later decision quote this exact passage
   e.g. State v. Murray Casey Carter