State v. Turner’s Empirical Analysis

Citation profile

5 federal appellate · 16 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"After an appeal or post-conviction proceeding has resulted in the ordering of a retrial for errors other than an erroneous sentence * * * and the defendant has again been convicted, no harsher sentence can be given than that initially imposed. If the initial sentence was incarceration, the defendant subsequently cannot be sentenced to any longer term than the time still to be served upon his initial sentence."”

   3 later decisions quote this exact passage
   e.g. 216 Or. App. 456 - State v. Davis · State v. Fitzpatrick

2. “"[W]hen the state grants a criminal appeal as a matter of right to one convicted of a crime, as it has, our procedural policy should be not to limit that right by requiring the defendant to risk a more severe sentence in order to exercise that right of appeal. ORS 138.020." [7]”

   2 later decisions quote this exact passage
   e.g. 216 Or. App. 456 - State v. Davis · State v. Fitzpatrick

3. “[I]t seems quite obvious that the possibility of a more severe sentence in the event of a successful appeal or post-conviction proceeding and a subsequent new trial and conviction would `chill' a defendant's desire to correct an erroneously conducted initial trial.”

   2 later decisions quote this exact passage
   e.g. 216 Or. App. 456 - State v. Davis · State v. Thompson