243 Or. App. 584 - State v. Savastano’s Empirical Analysis
2011
Citation profile
2
cited by 2 later decisions
1
states following
October 2011
most recently cited
2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"unlawful discrimination occurs when the state distributes a benefit or burden in a standardless, ad hoc fashion, without any `coherent, systematic policy.' State v. Freeland, 295 Or. 367, 375 , 667 P.2d 509 (1983). The prohibition on ad hoc distribution of burdens or benefits `reaches forbidden inequality in the administration of laws under delegated authority as well as in legislative enactments.' [ State v. ] Clark, 291 Or. [231], 239, [ 630 P.2d 810 , cert. den., 454 U.S. 1084 , 102 S.Ct. 640 , 70 L.Ed.2d 619 (1981)]. It constrains, among other things, prosecutorial discretion, including prosecutorial charging decisions. State v. McDonnell, 313 Or. 478 , 837 P.2d 941 (1992) (decision to offer plea bargain); [ State v. ] Bucholz [ Buchholz ], 309 Or. [442,] 446-47, [ 788 P.2d 998 (1990)] (same); State v. Farrar, 309 Or. 132 , 786 P.2d 161 , cert. den., 498 U.S. 879 , 111 S.Ct. 212 , 112 L.Ed.2d 171 (1990) (decision whether to prosecute for aggravated murder or murder); Freeland, 295 Or. 367 [ 667 P.2d 509 ] (decision whether to charge by information or indictment); State v. Reynolds, 289 Or. 533, 539-40 , 614 P.2d 1158 (1980) (decision whether to charge for murder or felony murder). To prevail on such a claim, the defendant has the burden of establishing the lack of criteria or, if there are criteria, the lack of consistent enforcement. City of Salem v. Bruner, 299 Or. 262, 271 , 702 P.2d 70 (1985)."”
1 later decision quote this exact passage“unlawful governmental discrimination against individuals as individuals, as well as against individuals based on their membership in some class.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.