339 N.J. Super. 1 - State v. Stanton’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a]s we understand Johnson ... it holds that if imposition of a statutorily mandated parole ineligibility term is based on the existence of a fact other than a record of a prior conviction, then, as a matter of the imperatives of the Fifth and Sixth Amendments, that fact must be found by a jury beyond a reasonable doubt”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Stanton · State v. Petrucci

2. “a. Criminal homicide constitutes vehicular homicide when it is caused by driving a vehicle or vessel recklessly. b. Except as provided in [N.J.S.A. 2C:ll-5b(3) ], vehicular homicide is a crime of the second-degree. (1) If the defendant was operating the auto or vessel while under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or with a blood alcohol concentration at or above the prohibited level as prescribed in R.S.39:4-50, or if the defendant was operating the auto or vessel while his driver’s license or reciprocity privilege was suspended or revoked for any violation of R.S.39:4-50, section 2 of P.L.1981, c. 512 (C.39:4-50.4a), by the Director of the Division of Motor Vehicles pursuant to P.L.1982, c. 85 (C.39:5-30a et seq.), or by the court for a violation of R.S.39:4-96, the defendant shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at, or between, one-third and one-half of the sentence imposed by the court or three years, whichever is greater, during which the defendant shall be ineligible for parole. (2) The court shall not impose a mandatory sentence pursuant to paragraph (1) of this subsection unless the grounds therefor have been established at a hearing. At the hearing, which may occur at the time of sentencing, the prosecutor shall establish by a preponderance of the evidence that the defendant was operatin”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Stanton

3. “convinced that if constitutional principles require the NERA provision to be read as mandating a jury finding of the NERA predicate fact beyond a reasonable doubt in order for that statute to survive constitutional challenge, then, by the same token, N.J.S.A 2C:ll-5b(2) can survive constitutional challenge only if it.is read in the same way. Ubm”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Stanton