State v. Porter’s Empirical Analysis

Citation profile

31 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Legislature has seen fit to address the problem of repeat drunk-driving by enacting a recidivism statute that imposes enhanced penalties for each subsequent offense. The increased penalty for a subsequent offense does not repunish a defendant for the first offense, but rather punishes with greater severity the last offense committed by the defendant.”

   2 later decisions quote this exact passage · from the dissent
   e.g. State v. Pecora · State v. Pecora

2. “Although we require the State to allege prior convictions as an element of the repeat-offender charge, we nevertheless held in [State v. Cameron, 126 Vt. 244, 249 , 227 A.2d 276, 280 (1967)] that “[t]he fact of a prior conviction or convictions does not become material until after the conviction of the accused on the substantive offense on trial is established, and then only for the purpose of enabling the trial judge to impose the proper sentence.” ... The bifurcated procedure established in Cameron ... is expressly intended to allow a jury to convict or acquit a defendant of the substantive offense without regard to any prior offenses for which the defendant was convicted.”

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

3. “the right to representation by counsel found in Chapter I, Article 10 of the Vermont Constitution confers a right similar to the federal Sixth Amendment right,”

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