State v. Harbor’s Empirical Analysis

Citation profile

70 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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “a fact or set of facts highly relevant to the imposition of sentence, but not known to the trial judge at the time of original sentencing, either because it was not then in existence or because, even though it was then in existence, it was unknowingly overlooked by all of the parties.”

   18 later decisions quote this exact passage · from the majority
   e.g. 385 Wis. 2d 514 - State v. Barnhill · 386 Wis. 2d 352 - State v. Johnson

2. “The defendant has the burden to demonstrate by clear and convincing evidence the existence of a new factor.”

   7 later decisions quote this exact passage · from the majority
   e.g. 386 Wis. 2d 352 - State v. Johnson · 384 Wis. 2d 271 - State v. Benson

3. “'whether that new factor justifies modification of the sentence.'”

   7 later decisions quote this exact passage · from the majority
   e.g. 385 Wis. 2d 211 - State v. Gomoll · 383 Wis. 2d 786 - State v. Kelly