State v. Todd’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. “We previously have upheld a district court's authority to impose restitution as a condition of parole under Section 46-18-202, MCA, on almost identical facts. State v. Klippenstein (1989), 239 Mont. 42 , 778 P.2d 892 . We were careful to point out in Klippenstein that the condition of restitution would never apply if the defendant served his full term of imprisonment; in other words, the total sentence imposed could never exceed the statutory maximum for the offense. Klippenstein, 778 P.2d at 894 . Klippenstein is directly on point and mandates the same result in the case presently before us.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Bourne

2. “(1) The district court may also impose any of the following restrictions or conditions on the sentence provided for in XX-XX-XXX which it considers necessary to obtain the objectives of rehabilitation and the protection of society: (a) prohibition of the defendant's holding public office; (b) prohibition of his owning or carrying a dangerous weapon; (c) restrictions on his freedom of association; (d) restrictions on his freedom of movement; (e) any other limitation reasonably related to the objectives of rehabilitation and the protection of society.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Bourne

3. “Here, as in Klippenstein , the ordered restitution is constitutional; it becomes operative only in the event the defendant secures early release from prison via parole. Thus, it cannot result in a sentence exceeding the statutory maximum. In the event of parole, similar to a deferred or suspended sentence situation, the State maintains considerable authority over the offender for general rehabilitative and protective purposes, and the restrictions or conditions authorized by Section 46-18-202, MCA, lawfully can be imposed.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Bourne