State v. Herfurth’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"(4) 'Victim' means: "(a) The person or decedent against whom the defendant committed the criminal offense, if the court determines that the person or decedent has suffered or did suffer economic damages as a result of the offense. "(b) Any person not described in paragraph (a) of this subsection whom the court determines has suffered economic damages as a result of the defendant's criminal activities. "(c) The Criminal Injuries Compensation Account, if it has expended moneys on behalf of a victim described in paragraph (a) of this subsection. "(d) An insurance carrier, if it has expended moneys on behalf of a victim described in paragraph (a) of this subsection. "(e) Upon the death of a victim described in paragraph (a) or (b) of this subsection, the estate of the victim. "(f) The estate, successor in interest, trust, trustee, successor trustee or beneficiary of a trust against which the defendant committed the criminal offense, if the court determines that the estate, successor in interest, trust, trustee, successor trustee or beneficiary of a trust suffered economic damages as a result of the offense."”

   1 later decision quote this exact passage
   e.g. 296 Or. App. 445 - State v. White

2. “"When a person is convicted of a crime * * * that has resulted in economic damages, the district attorney shall investigate and present to the court * * * evidence of the nature and amount of the damages. * * * If the court finds from the evidence presented that a victim suffered economic damages, in addition to any other sanction it may impose, the court shall enter a judgment or supplemental judgment requiring that the defendant pay the victim restitution in a specific amount that equals the full amount of the victim's economic damages as determined by the court."”

   1 later decision quote this exact passage
   e.g. 298 Or. App. 404 - State v. Smartt

3. “Whether a trial court complied with the requirements for imposing restitution is a question of law, which we review for errors of law.”

   1 later decision quote this exact passage
   e.g. 296 Or. App. 445 - State v. White