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← 364 NW2D 532 - State v. Nilson

State v. Nilson’s Empirical Analysis

1985

Citation profile

7
cited by 7 later decisions
3
states following
March 2014
most recently cited

7 state decisions

How this case has been cited

Cited by 7 later decisions — most recently March 2014

7 state decisions

501985199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Boykin v. Alabama · Weaver v. Graham · Gryger v. Burke · John McDonald v. Commonwealth of Massachusetts · Nachtigall v. Erickson

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

  1. “"The South Dakota statute regarding enhanced punishment for habitual criminals does not create a new offense, but merely authorizes the trial court, in its discretion, to impose a more severe penalty upon one who is found to have the status of a habitual criminal.... Whether or not an accused is an habitual offender has no relation to the trial for the charge against him, for the habitual criminal statute has nothing to do with trial procedure."”
    1 later decision quote this exact passage
  2. “The sentence as a fourth offender or habitual criminal is not to be viewed as either a new jeopardy or additional penalty for the earlier crimes. It is a stiffened penalty for the latest crime, which is considered to be an aggravated offense because a repetitive one.”
    1 later decision quote this exact passage
  3. “At the time of [Nilson's] convictions, SDCL 32-23-4.1 [3] provided that [the prior DWI convictions] could be used for a period of four years in order to enhance punishment for a subsequent DWI offense.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.