Lee v. State’s Empirical Analysis
1986
Citation profile
37 state decisions
How this case has been cited
Cited by 37 later decisions — most recently November 2014 · most notably Maus v. State (1987), Pete v. State (2004)
37 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 18 U.S.C. § 3651
Relies on Yamanis v. United States · Good Hope Chemical Corp. Creditors' Committee v. Koerver · Williams v. States · Walczak v. State · Coles v. State
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[P]lea-bargaining in situations involving multi-count indictments would be severely restricted. If a defendant could not consent to make restitution for the actual loss caused by his or her conduct relating to the indictment, and have such be a condition of any probation he or she might receive, then the government would have little reason to dismiss indictment counts in order to limit a defendant’s potential period of incarceration. More importantly, however, it would frustrate the rehabilitation goals of the probation system.”
2 later decisions quote this exact passage“When restitution is ordered “as a sentence,” enforcement through contempt proceedings serves merely to implement the sentence, not to enhance it. It is an additional remedy to that provided in [art. 27,] section 637. Similarly, when restitution is attached as a condition to probation and, upon non-compliance, the court revokes the probation and directs execution of all or any part of the suspended sentence, the initial sentence has merely been implemented, not enhanced. It may even be possible, pursuant to section 642 of art. 27, for the court to direct execution of the suspended sentence, suspend anew part of that sentence, place the defendant on further probation, and continue an order of restitution as a condition of the new probation. What the court may not do, however, when the restitution is not “as a sentence” but only a condition of probation, is to direct execution of the full term of the suspended sentence and continue the restitution order, either “as a sentence” or as a condition to some further probation. That is equivalent to increasing, not merely implementing, the suspended sentence, (emphasis in the original, footnote omitted).”
1 later decision quote this exact passage“In the present case ... [t]he guilty plea was in pursuance of a plea agreement, the State agreeing to nol-pros the theft count upon the further understanding with the defendant that he would expressly consent, as a condition of probation, to the payment of full restitution for the theft offense. Thus, in addition to the forgery conviction, there was a judicial admission of guilt to the criminal acts underlying the theft loss, together with Lee’s consent to make restitution in the full amount—all as part of a plea agreement between the parties.”
1 later decision quote this exact passagee.g. Silver v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.