159 Ohio App. 3d 476 - State v. Berry’s Empirical Analysis
2004
Citation profile
14 state decisions
How this case has been cited
Cited by 16 later decisions — most recently October 2023
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 Apprendi v. New Jersey · Blakely v. Washington · State v. Thompkins · 20 Ohio App. 3d 172 - State v. Martin · State v. Dehass
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“it has always been the province of the judge, not the jury, to determine the impact of a sentence on public protection and proportionality”
5 later decisions quote this exact passage“`involve guidance for determining the impact of a sentence on public protection and proportionality — determinations that have always been made by a judge in deciding fairness and necessity of a sentence. Those are decisions that have never been consigned to juries and, thus, are not governed by the Sixth and Fourteenth Amendments to the United States Constitution[,]'”
4 later decisions quote this exact passage“[t]he court finds on the record that the shortest prison term will demean the seriousness of the offender's conduct or will not adequately protect the public from future crime by the offender or others.”
4 later decisions 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.