State v. Gimarelli’s Empirical Analysis

Citation profile

1 federal appellate · 25 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[m]ost states that have ‘two strikes’ laws require sex offenses with some degree of penetration and infliction of serious bodily harm.” In addition, according to the state appellate court, only “[a] small[ ] number of states would impose a sentence of life in prison without parole for a second offense after a similar prior offense. For example, Georgia, Montana, New Mexico, South Carolina, and Wisconsin all have two strikes laws for some types of sexual offenses.””

   1 later decision quote this exact passage
   e.g. State of Iowa v. Charles James David Oliver

2. “This violent sex offense against a child is quite different from [a] nonviolent property crime.... The Legislature has a right to discourage such behavior and protect the public from such offenders. In this case, Mr. Norris is a repeat child molester. He showed a lack of impulse control in molesting a five-year-old girl under the watchful eye of her father. Molesting a child is considered a violent sexual offense.”

   1 later decision quote this exact passage
   e.g. Norris v. Morgan

3. “The conviction need not show that a defendant’s rights were not violated; rather, for the conviction to be constitutionally invalid on its face, the conviction must affirmatively show that the defendant’s rights were violated.[ 12 ]”

   1 later decision quote this exact passage
   e.g. State v. Booker