154 N.J. Super. 112 - State v. Phillips’s Empirical Analysis
1977
Citation profile
14 state decisions
How this case has been cited
Cited by 14 later decisions — most recently November 1996
14 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
Relies on State v. Rowe · Hallinan v. United States · State v. Rowe · 13 N.J. Super. 312 - In Re Application of Zee · 16 N.J. Super. 171 - State v. Zee
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Subsequent offender provisions, such as the one in effect here, do not undertake to punish again for the prior offenses. The prior offense merely provides a background to be considered in sentencing for a subsequent offense. The gravity of the punishment is increased by the persistence of a defendant in the unlawful conduct — conduct which brings him into a class established by law as deserving and requiring a more severe punishment and restraint than he would otherwise receive, (citations omitted) The ground upon which these statutory provisions is bottomed is that punishment is imposed for the [current] offense only, and that in determining the amount and nature of the penalty to be inflicted the Legislature may require the court to take into consideration the recidivous nature of defendant’s conduct.”
1 later decision quote this exact passagee.g. State v. Nilson“Where the elements of an offense under an amended statute are the same as those that existed prior to the amendments; where both statutes continue to address the same unlawful conduct, and where the legislative policies and intentions remain substantially unchanged, such as is the case here, it would be incongruous to hold that the Legislature intended to preclude the invocation of the subsequent offender provisions where the defendant was convicted of an offense under the original statute and is later convicted under the amended law. [ 154 N.J. Super. at 119 .]”
1 later decision quote this exact passage“in addition to any other requirements provided by law * * *.”
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.