State v. Carr’s Empirical Analysis

Citation profile

4 district · 35 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The sentencing court has discretion to sentence at any place within the sentencing range. The sentencing judge shall select the center of the range in the usual case and reserve the upper and lower limits for aggravating and mitigating factors insufficient to warrant a departure."”

   2 later decisions quote this exact passage · from the dissent
   e.g. United States v. Wheaton · State v. Cook

2. “The distinction between probation and the imposition of a prison sentence renders the United States Supreme Court's Apprendi decision inapplicable to a sentencing judge's decision to impose a dispositional departure prison sentence rather than to grant probation.”

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

3. “As the Kansas Supreme Court has indicated, however, probation represents a grace period during which the defendant has the opportunity to demonstrate that rehabilitation can be achieved without incarceration.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Wheaton