State v. Powers’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In concluding that the release status finding was not an element requiring jury trial, we emphasized in Hurley that being on release is not a crime in itself and involves no component of criminal activity. At 181-32, 741 P.2d at 264-65 . A defendant on release already has been convicted by a jury beyond a reasonable doubt of the underlying criminal conduct that led to his status of being on release. Thus, a jury already has made the critical finding: that the conduct and the accompanying mens rea leading to the creation of the status violated criminal laws. At sentencing for a later crime, the court thus is merely required to find that, at the time the later offense was committed, the defendant still was subject to the jurisdiction of the department of corrections. Id. at 132 , 741 P.2d at 265 .”

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

2. “even if sentencing decisions do implicate double jeopardy concerns, a trial court constitutionally may increase a sentence that it has imposed in contravention of its statutory authority.”

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

3. “the proper method of correcting an illegal sentence is not by minute entry. Correction of the sentence should have been in open court with the defendant present.”

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