State v. Montoya’s Empirical Analysis

Citation profile

44 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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This sentence finds that the offense was committed in a physically violent manner with recklessness in the face of knowledge that his acts were reasonably likely to result in serious harm. Th[is ejourt [has] considered] [Defendant’s] prior history of alcohol abuse along with prior criminal history involving alcohol related offenses not used to enhance his sentence. The [e]ourt makes the specific finding [that Defendant’s] actions amount to an offense committed in a physical violent manner in that he crossed the center and struck the victim, who was on a bicycle and propelled her through the air and into the bed of his truck.”

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

2. “[H]omicide by vehicle always results in death, but it can be committed by one who had only one drink but is thereby less able to drive safely, or it can be committed by one who intentionally and habitually gets drunk to the point of being several times over the legal limit, knowing that he or she must drive in a crowded area and is in no shape to do so, but does so nevertheless.”

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

3. “was less able to the slightest degree... to exercise the clear judgment and steady hand necessary to handle a vehicle with safety.”

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