State v. Gates’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There is no apparent reason for rejecting our own rulings that when a court suspends the pronouncement of sentence, the judicial process ‘remains in a state of suspense.’ Anderson v. Alexander, supra [ 191 Or. 409 , 229 P.2d 633 ], Being in suspense, there would normally be no final judgment and no right of appeal. Of course the legislature may grant an appeal from even a judgment ‘in suspense’ if it so desires. When after a plea of guilty, no sentence is pronounced, the statute indicates no such desire. Even if we should adopt the reasoning of Korematsu v. United States, 319 U.S. 432 , 63 S.Ct. 1124 , 87 L.Ed. 1497 , we would still be compelled to hold that even if probation is an ‘authorized mode of mild and ambulatory punishment’ we could not say that the order of probation is appealable by one who pleaded guilty and where imposition of sentence was suspended and probation granted. A mild and ambulatory punishment could not be called excessive, cruel or unusual and it would be preposterous to hold that such a ‘punishment,’ if such it be, could be appealable under the limitations of ORS 138.050.” State v. Gates, 230 Or. 84 , 368 P.2d 605 .”

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

2. “* * * [the court may] impose any sentence which originally could have been imposed. * * *”

   1 later decision quote this exact passage
   e.g. 15 Or. App. 101 - State v. Duncan

3. “though only on the ground that the sentence imposed was cruel or unusual.”

   1 later decision quote this exact passage
   e.g. 95 Or. App. 456 - State v. Bateman