42 Wash. App. 1 - State v. Stalker’s Empirical Analysis
1985
Citation profile
7
cited by 7 later decisions
1
states following
November 1993
most recently cited
7 state decisions
Relationships
Relies on State v. Evans · State v. Norton · State v. Herberg · State v. Ming Sen Shiue · State v. Martinez
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.
“Given Minnesota's own uncertainty in applying its newly articulated rule, our adoption of such a rule would not provide definitive guidance to the superior courts when imposing sentences outside the standard range. At best, the doubling rule could open a new area of uncertainty as to when a sentence greater than twice the standard range would be justified. The same confusion could result if the court reduced the sentence below the standard range. The concept of an undefined range between the maximum sentence available [by statute] and the presumptive sentencing range ... was intended to allow the judge some degree of discretion in tailoring the sentence to the person and the crime before him. The adoption of any fixed restriction on the discretion of the sentencing judge is better left to the Legislature.”
1 later decision quote this exact passage“aggravating circumstances. See State v. Norton, 328 N.W.2d 142 (Minn. 1982); State v. Ming Sen Shiue, 326 N.W.2d 648 (Minn. 1982); State v. Herberg, 324 N.W.2d 346 (Minn. 1982). The court in State v. Norton, supra at 146 , elaborated on the difficulties with the doubling rule: The decision which we must make is whether this is one of the extremely rare cases in which more than a double durational departure is justified. There is no easy-to-apply test to use in making this decision, and there is no clear line that marks the boundary between”
1 later decision quote this exact passage“[t]he current offense was a major violation of the Uniform Controlled Substances Act, chapter 69.50 RCW (VUCSA), related to trafficking in controlled substances, which was more onerous than the typical offense of its statutory definition[.]”
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.