State v. Banks’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We presume that, in enacting a statute, the legislature intended a change in existing law.... This presumption, like any other, may be rebutted by contrary evidence of the legislative intent in the particular case. An amendment which in effect construes and clarifies a prior statute must be accepted as the legislative declaration of the meaning of the original act.... Furthermore, an amendment that is intended to clarify the intent of an earlier act necessarily has retroactive effect.”

   1 later decision quote this exact passage
   e.g. Estate of Brooks v. Commissioner of Revenue Services

2. “The critical question in determining whether a court may take action affecting a defendant's sentence following its imposition [then] is whether the requested action is punitive in nature. If the requested action is not punitive in nature, then a defendant's sentence is not affected, and the trial court has jurisdiction to take that action. If it is punitive, [however] then a defendant's sentence is affected, and the trial court lacks jurisdiction to take that action.”

   1 later decision quote this exact passage
   e.g. 189 Conn. App. 608 - Dennis v. Commissioner of Correction

3. “A law may be considered to violate the ex post facto clause if it punishes as a crime an act previously committed, which was innocent when done; which makes more burdensome the punishment for a crime, after its commission, or which deprives one charged with [a] crime of any defense available according to law at the time when the act was committed ....”

   1 later decision quote this exact passage
   e.g. Perez v. Commissioner of Correction