State v. McCurry’s Empirical Analysis

Citation profile

3 district · 48 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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[c]riminal statutes must be strictly construed in favor of the accused. Any reasonable doubt about the meaning is decided in favor of anyone subjected to the criminal statute.”

   4 later decisions quote this exact passage · from the majority
   e.g. 38 Kan. App. 2d 414 - State v. Moffit · Abasolo v. State

2. ““(b) The sentencing judge shall otherwise have discretion to impose concurrent or consecutive sentences in multiple conviction cases. The sentencing judge shall state on the record if the sentence is to be served concurrently or consecutively. In cases where consecutive sentences may be imposed by the sentencing judge, the following shall apply: (4) The total prison sentence imposed in a case involving multiple convictions arising from multiple counts within an information, complaint or indictment cannot exceed twice the base sentence. This limit shall apply only to the total sentence, and it shall not be necessary to reduce file duration of any of the nonbase sentences imposed to be served consecutively to tire base sentence. The post-release supervision term will reflect only the longest such term assigned to any of the crimes for which consecutive sentences are imposed. Supervision periods will not be aggregated. “(c) The following shall apply for a departure from die presumptive sentence based on aggravating factors within die context of consecutive sentences: (1) The court may depart from die presumptive limits for consecutive sentences only if the judge finds substantial and compelling reasons to impose a departure sentence for any of the individual crimes being sentenced consecutively. (2) When a departure sentence is imposed for any of the individual crimes sentenced consecutively, tire imprisonment term of tiiat departure sentence shall not exceed twice the maximum p”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Snow · State v. Dixon

3. ““The sentencing judge must establish a base sentence for the primary crime. The primary crime is the crime loith the highest crime severity ranking. An off-grid crime shall not be used as the primary crime in determining the base sentence when imposing multiple sentences. If sentences for off-grid and on-grid convictions are ordered to run consecutively, the offender shall not begin to serve the on-grid sentence until paroled from the off-grid sentence, and the postrelease supervision term will be based on the off-grid crime. If more than one crime of conviction is classified in the same crime category, the sentencing judge must designate which crime will serve as the primary crime. In the instance of sentencing with both the drug grid and the nondrug grid and simultaneously having a presumption of imprisonment and probation, the sentencing judge will use the crime which presumes imprisonment as the primary crime. In the instance of sentencing with both the drug grid and the nondrug grid and simultaneously having a presumption of either both probation or both imprisonment, the sentencing judge will use the crime with the longest sentence term within the grid block range as the primary crime." (Emphasis added.)”

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