231 Or. App. 263 - State v. Roberts’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In order to rely on an enhancement fact to increase the sentence that may be imposed in a criminal proceeding, the state shall notify the defendant of its intention to rely on the enhancement fact by:”

   2 later decisions quote this exact passage
   e.g. 290 Or. App. 296 - State v. Frinell · 238 Or. App. 259 - State v. Sanchez

2. “a fact that is constitutionally required to be found by a jury in order to increase the sentence that may be imposed upon conviction of a crime.”

   2 later decisions quote this exact passage
   e.g. 290 Or. App. 296 - State v. Frinell · 238 Or. App. 259 - State v. Sanchez

3. “What is now ORS 136.765 was the product of a work group that the Governor established in response to the United States Supreme Court's decision in Blakely * * *, which recognized a defendant's federal constitutional right to a jury trial on any facts that increase the defendant's sentence beyond a presumptive sentence under state sentencing guidelines.”

   1 later decision quote this exact passage
   e.g. 238 Or. App. 259 - State v. Sanchez