State v. Ice’s Empirical Analysis

Citation profile

32 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(b) The criminal offense for which a consecutive sentence is contemplated caused or created a risk of causing greater or qualitatively different loss, injury or harm to the victim or caused or created a risk of causing loss, injury or harm to a different victim than was caused or threatened by the other offense or offenses committed during a continuous and uninterrupted course of conduct.”

   4 later decisions quote this exact passage
   e.g. Oregon v. Ice · 168 Wash. 2d 754 - State v. Vance

2. “The threshold question is whether the [sentencing] court has impermissibly “increase[d] the penalty for a crime beyond the prescribed statutory maximum” by using factual determinations not found by the jury beyond a reasonable doubt, other than from a prior conviction, a guilty plea, jury verdict, or admission by the defendant. The court’s decision to require that separate sentences be served consecutively in no way increases the penalties for the individual crimes. Consecutive sentences are separate punishments for different offenses, and two sentences do not become a single sentence by virtue of their running consecutively. Thus, the principles underlying Apprendi do not apply to consecutive sentences because a judge’s decision on how two separate sentences for two dis tinct crimes shall be served is entirely different from the jury’s determination of whether the elements of a crime, necessary for a particular sentence for that crime, have been committed. Although a defendant has a constitutional right to have a jury determine whether all the elements of a crime have been committed, including those relevant to an elevated sentence, a defendant does not have a constitutional right to serve concurrent sentences for multiple violent offenses.”

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

3. “[T]he Court adopted the rule in Apprendi to address determinate sentencing schemes that defined the maximum sentence for an offense but permitted a trial court to enhance the sentence for that offense if the trial court found certain 'sentencing factors' by a preponderance of the evidence.”

   1 later decision quote this exact passage · from the dissent
   e.g. 290 Or. App. 296 - State v. Frinell