State v. Phillips’s Empirical Analysis

Citation profile

45 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]e will conclude that appellant thoroughly understood the consequences of his agreement to pay restitution only if the record contains at least one of the following: (1) a statement in the plea agreement setting forth a specific dollar amount of restitution; (2) a statement by the defendant indicating agreement to pay a specific dollar amount of restitution; or (3) a warning by the trial judge prior to accepting the defendant's plea that he can order restitution of a specific dollar amount.”

   4 later decisions quote this exact passage
   e.g. State v. Wideman · State v. Crowder

2. “§ 13-603. Authorized disposition of offenders ****** C. If a person is convicted of an offense, the court shall require the convicted person to make restitution to the person who is the victim of the crime or to the immediate family of the victim if the victim has died, in the full amount of the economic loss as determined by the court and in the manner as determined by the court pursuant to chapter 8 of this title. Restitution ordered pursuant to this subsection shall be paid to the clerk of the court for disbursement to the victim. ****** § 13-804. Restitution for offense causing economic loss; fine for reimbursement of public monies ****** B. In ordering restitution for economic loss pursuant to § 13-603, subsection C or subsection A of this section, the court shall consider all losses caused by the criminal offense or offenses for which the defendant has been convicted. § 13-105. Definitions ****** 11. “Economic loss” means any loss incurred by a person as a result of the commission of an offense. Economic loss includes lost interest, lost earnings and other losses which would not have been incurred but for the offense. Economic loss does not include losses incurred by the convicted person, damages for pain and suffering, punitive damages or consequential damages.”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Pearce

3. “Although we agree that the trial court could order restitution as a proper condition of appellant’s probation, we believe that the trial court erred in imposing restitution of $6,130.65 in light of our recent holding in State v. Lukens, [ 151 Ariz. 502 ] 729 P.2d 306 (Ariz.1986). We do not believe that a defendant can “thoroughly understand” the consequences of his agreement to make restitution if he is unaware of the restitution-ary amount that can be imposed. Knowledge that restitution can be ordered for the victim’s “full economic loss” is insufficient. The defendant must be aware of the specific dollar amounts of restitution that can be imposed before we will find that the defendant voluntarily and intelligently agreed to pay restitution.”

   1 later decision quote this exact passage
   e.g. State v. Grijalba