State v. Harrison’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the next step is establishing a plan of payment.”

   2 later decisions quote this exact passage
   e.g. State of Iowa v. Charles Raymond Albright · Bader v. State

2. “We believe that section 910.2 requires the sentencing court to order restitution in the plan of restitution “for court costs, court-appointed attorney fees or the expense of a public defender when applicable” only “to the extent that the offender is reasonably able to [make such restitution].” (emphasis supplied). [[Image here]] The reference to the offender’s reasonable ability to make restitution is an express condition on the determination of the amount of restitution for court costs and attorney fees as opposed to the amount of restitution to the victim. Section 910.2 establishes a priority for restitution to the victim. Moreover, it authorizes a sentence to community service as an alternative “[w]hen no victim has suffered pecuniary damages and the offender is not reasonably able to pay all or a part of the court costs, court-appointed attorney’s fees or the expense of a public defender .... ” (emphasis supplied). The sentencing court would never get to the point of exercising this authority if it were mandated to order full restitution for court costs and attorney fees without regard to the offender’s ability to pay.”

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

3. “At any time during the period of probation, parole or incarceration, the offender or the office or individual who prepared the offender’s restitution plan, may petition the court and the court shall grant a hearing on any matter related to the plan of restitution or restitution plan of payment. The court at any time prior to the expiration of the offender’s sentence, may modify the plan of restitution or the restitution plan of payment, or both, and may extend the period of time for the completion of restitution.”

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