State v. Carter’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(c) The court shall impose a sentence within the range of punishment, determined by whether the defendant is a mitigated, standard, persistent, career, or repeat violent offender. In imposing a specific sentence within the range of punishment, the court shall consider, but is not bound by, the following advisory sentencing guidelines: (1) The minimum sentence within the range of punishment is the sentence that should be imposed, because the general assembly set the minimum length of sentence for each felony class to reflect the relative seriousness of each criminal offense in the felony classifications; and (2) The sentence length within the range should be adjusted, as appropriate, by the presence or absence of mitigating and enhancement factors set out in §§ 40-35-113 and 40-35-114.”

   4 later decisions quote this exact passage · from the majority
   e.g. State of Tennessee v. Keesha P. Washington · State of Tennessee v. Robert Fusco

2. “the trial court is free to select any sentence within the applicable range so long as the length of the sentence is ‘consistent with the purposes and principles of the [Sentencing Act].’ ””

   2 later decisions quote this exact passage · from the majority
   e.g. State of Tennessee v. Joseph Nathaniel Nance · State v. Ralph

3. “(1) Sentences involving confinement should be based on the following considerations; (A) Confinement is necessary to protect society by restraining a defendant who has a long history of criminal conduct; (B) Confinement is necessary to avoid deprecating the seriousness of the offense or confinement is particularly suited to provide an effective deterrence to others likely to commit similar offenses; or (C) Measures less restrictive than confinement have frequently or recently been applied unsuccessfully to the defendant. (2) The sentence imposed should be no greater than that deserved for the offense committed. (3) Inequalities in sentences that are unrelated to a purpose of this chapter should be avoided. (4) The sentence imposed should be the least severe measure necessary to achieve the purposes for which the sentence is imposed. (5) The potential or lack of potential for the rehabilitation or treatment of the defendant should be considered in determining the sentence alternative or length of term to be imposed. The length of a term of probation may reflect the length of a treatment or rehabilitation program in which participation is a condition of the sentence.”

   1 later decision quote this exact passage · from the majority
   e.g. State of Tennessee v. Susan Renee Bise