Pickett v. State’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he sentencing guidelines do not burden the fundamental right to a jury trial....”

   2 later decisions quote this exact passage
   e.g. 74 Ark. App. 72 - Hutcherson v. State · Burton v. State

2. “The argument embraces a basic misunderstanding of the applicable statutes. The sentencing guidelines do not burden the fundamental right to a jury trial because the statutory minimum and maximum ranges for a sentence always override the presumptive sentences. Section 16-90-804(b)(2)(C) [XX-XX-XXX (b)(3)(C)] provides: "The statutory minimum or maximum ranges for a particular crime shall govern over a presumptive sentence if the presumptive sentence should fall below or above such ranges." Therefore, the statutes do not allow a judge to sentence a defendant to a fifty-four month sentence when the statutory minimum is ten years, as in this case.”

   1 later decision quote this exact passage
   e.g. Burton v. State

3. “because the statutory minimum [was] ten years, and a trial court should not give an instruction that incorrectly states the law.”

   1 later decision quote this exact passage
   e.g. 74 Ark. App. 72 - Hutcherson v. State