210 N.J. Super. 17 - State v. Sainz’s Empirical Analysis

Citation profile

19 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “clearly convinced that the aggravating factors substantially outweigh the mitigating factors.”

   2 later decisions quote this exact passage · from the majority
   e.g. 214 N.J. Super. 324 - State v. Nemeth · 222 N.J. Super. 583 - State v. Binns

2. “[Appellate courts] can (a) review sentences to determine if the legislative policies, here the sentencing guidelines, were violated; (b) review the aggravating and mitigating factors found below to determine whether those factors were based upon competent credible evidence in the record; and (c) determine whether, even though the court sentenced in accordance with the guidelines, nevertheless the application of the guidelines to the facts of this case makes the sentence clearly unreasonable so as to shock the judicial conscience. [Id. at 364-65.]”

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

3. “[w]hen the conviction is the result of a plea, the judge may not make findings regarding the offense and the defendant's role therein that are inconsistent with the factual basis that the defendant has given or has acknowledged,”

   1 later decision quote this exact passage · from the majority
   e.g. 459 N.J. Super. 157 - State v. Hooper