State v. Holcomb’s Empirical Analysis

Citation profile

49 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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A] defendant may request resentencing because of a trial court's failure to properly include post[-]release control in a sentencing entry by filing a motion for resentencing. The trial court should not reclassify the motion or request as a petition for post[-]conviction relief. To the extent that this [C]ourt's decisions, under these specific circumstances, require a trial court to reclassify a motion for resentencing as a petition for post[-]conviction relief, * * * or as a motion for relief from judgment under Civ.R. 60(B)(5), * * * those decisions should not be followed. If a sentence is void for failure to include proper post[-]release[ ]control notification, the trial court-or the reviewing court-has an obligation to recognize the void sentence, vacate it, and order resentencing. * * * Further, a trial court, confronted with an untimely or successive petition for post[ ]conviction relief that challenges a sentence that is void, must ignore the procedural irregularities of the petition and vacate the void sentence and resentence the defendant.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Saturday

2. “A motion to withdraw a plea of guilty or no contest made by a defendant who has been given a void sentence must [ ] be considered as a presentence motion under Crim.R. 32.1.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Saturday