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← 148 Ohio App. 3d 370 - State v. Elkins

148 Ohio App. 3d 370 - State v. Elkins’s Empirical Analysis

2002

Citation profile

32
cited by 32 later decisions
2
states following
December 2023
most recently cited

30 state decisions

How this case has been cited

Cited by 32 later decisions — most recently December 2023 · most notably 154 Ohio App. 3d 219 - State v. Krull (2003), Brown v. State (2004)

30 state decisions

170200220102020decided

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

Relies on Strickland v. Washington · Apprendi v. New Jersey · Jones v. United States · State v. Edmonson · Johnson's Markets, Inc. v. New Carlisle Department of Health

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

  1. “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.”
    2 later decisions quote this exact passage
  2. ““The record suggests that the pharmacy was unoccupied at the time of the breaking and entering and no evidence in the record suggests that the pharmacy owner suffered psychological trauma due to the offense. However, evidence supports a finding of property damage to the pharmacy and loss of inventory: the pharmacy owner testified concerning the loss of inventory and a pharmacy employee testified concerning damage to the pharmacy, even though no evidence was presented concerning the financial effects or economic harm of the crimes on the pharmacy owner, such as lost revenue due to defendant’s offenses, unreimbursed costs associated with defendant’s offenses that may-have not been covered by insurance, or any out-of-pocket expenses.” Elkins, supra, at ¶ 46 .”
    1 later decision quote this exact passage
  3. ““[T]he trial court had an evidentiary basis for some, but not all, of its finding in support of its determination that the prison terms imposed were demeaning to the seriousness of the offense. Because we cannot determine from the record to what extent the improperly considered matters may have influenced the length of the term the trial court imposed on defendant pursuant to the major drug offender determination, we sustain defendant’s third assignment of error to the limited extent of allowing the trial court to resentence defendant on the enhanced sentence resulting from defendant’s major drug offender status.””
    1 later decision quote this exact passage

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.