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← 175 Mont. 433 - State v. Babbit

State v. Babbit’s Empirical Analysis

1978

Citation profile

10
cited by 10 later decisions
1
states following
July 2021
most recently cited

10 state decisions

How this case has been cited

Cited by 10 later decisions — most recently July 2021

10 state decisions

70197819801990200020102020decided

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 15 Cal. 3d 481 - People v. Lent · United States v. Pastore · State v. Thorsness v. District Cour · 26 Ariz. App. 390 - State v. Pitts · State v. Drew

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

  1. ““95-2206. Sentence. Whenever any person has been found guilty of a crime or offense upon a verdict or a plea of guilty the court may: “(1) Defer imposition of sentence for a period not to exceed one (1) year for any misdemeanor; for a period not to exceed three (3) years for any felony. The sentencing judge may impose upon the defendant any reasonable restrictions or conditions during the period of the deferred imposition. Such reasonable restrictions or conditions may include: “(a) jail base release; “(b) jail time not to exceed ninety (90) days; “(c) conditions for probation; “(d) restitution; “(e) any other reasonable conditions deemed necessary for rehabilitation or for the protection of society; “(f) any combination of the above. “(2) Suspend execution of sentence up to the maximum sentence allowed for the particular offense. The sentencing judge may impose on the defendant any reasonable restrictions during the period of suspended sentence. Such reasonable restrictions may include: “(a) jail base release; “(b) jail time not to exceed (90) days; “(c) conditions for probation; “(d) restitution; “(e) any other reasonable conditions deemed necessary for rehabilitation or for the protection of society; “(f) any combination of the above. “If any restrictions or conditions are violated, any elapsed time, except jail time, shall not be a credit against the sentence, unless the court shall otherwise order.””
    1 later decision quote this exact passage · from the majority
  2. ““ ‘. .. Imposition of a fine is the passing of a sentence and not the suspension of sentence. The fact that the court terms it a condition of probation does not render it any the less a sentence. We are not here dealing with a condition of probation which requires the defendant to make restitution to the crime victim. That would be a wholly different matter.’. . . “The Arizona court further reasoned that if a fine (as here and not related to our guidelines) were to be allowed as merely a condition or probation, the default in payment could result in revocation of probation and imprisonment for the maximum period allowed by the statute for the crime for which defendant was convicted. In that event the failure to pay a small fine may result in defendant’s imprisonment far exceeding the period ordinarily permitted.” State v. Babbit, 574 P.2d at 1001 . (Emphasis supplied.)”
    1 later decision quote this exact passage · from the majority

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.