State v. HEAFNER’s Empirical Analysis

Citation profile

66 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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]hen a portion of a sentence is illegal, the better result is to remand to the district court to correct the illegal provision. Remand to give the district court the opportunity to correct the illegal provision should be ordered unless, under the particular circumstances of the case, the illegal portion of the sentence cannot be corrected. If so, the case should be remanded to the district court with instructions to strike the illegal conditions.”

   4 later decisions quote this exact passage · from the majority
   e.g. Matter of T.M.L. Youth Under 18. · State v. Petersen

2. “remand for re-sentencing was the general practice where an illegal sentencing provision `affected the entire sentence, or where we were unable to determine what sentence the district court would have adopted had it correctly followed the law.'”

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

3. “protects the integrity of the judicial process and furthers the express correctional and sentencing policy of the state.”

   1 later decision quote this exact passage · from the majority
   e.g. City of Kalispell v. Salsgiver