284 Or. App. 156 - State v. Berger’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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"(1) When a court sentences a defendant to a term of incarceration upon conviction of a crime, the court shall order on the record in open court as part of the sentence imposed that the defendant may be considered by the executing or releasing authority for any form of temporary leave from custody, reduction in sentence, work release or program of conditional or supervised release authorized by law for which the defendant is otherwise eligible at the time of sentencing, unless the court finds on the record in open court substantial and compelling reasons to order that the defendant not be considered for such leave, release or program. "(2) The executing or releasing authority may consider the defendant for a program described in subsection (1) of this section only upon order of the sentencing court appearing in the judgment." 9”

   2 later decisions quote this exact passage
   e.g. 295 Or. App. 91 - State v. Nunes · 294 Or. App. 567 - State v. Dallavis

2. “[R]eduction in the term of incarceration under ORS 421.121 for 'earned time' is a sentence modification program that the sentencing court may make a defendant ineligible for pursuant to ORS 137.750.”

   2 later decisions quote this exact passage
   e.g. 295 Or. App. 91 - State v. Nunes · 294 Or. App. 567 - State v. Dallavis

3. “"(1) Except as provided in ORS * * .700, * * * each inmate sentenced to the custody of the Department of Corrections for felonies committed on or after November 1, 1989, is eligible for a reduction in the term of incarceration for: "(a) Appropriate institutional behavior, as defined by rule of the Department of Corrections; and "(b) Participation in the adult basic skills development program described in ORS 421.084."”

   1 later decision quote this exact passage
   e.g. 294 Or. App. 567 - State v. Dallavis