People v. Smith’s Empirical Analysis
2010
Citation profile
4
cited by 4 later decisions
1
states following
January 2018
most recently cited
2 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Offense variable 19 is threat to the security of a penal institution or court or interference with the administration of justice or the rendering of emergency services. Score offense variable 19 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points: (a) The offender by his or her conduct threatened the security of a penal institution or court ...................... 25 points (b) The offender used force or the threat of force against another person or the property of another person to interfere with, attempt to interfere with, or that results in the interference with the administration of justice or the rendering of emergency services ..................... 15 points (c) The offender otherwise interfered with or attempted to interfere with the administration of justice .................... 10 points (d) The offender did not threaten the security of a penal institution or court or interfere with or attempt to interfere with the administration of justice or the rendering of emergency services by force or threat of force...../ 0 points”
1 later decision quote this exact passage · from the majority“It is axiomatic that every defendant charged with a felony must, at a minimum, enter a court in order to have his criminal charges resolved. And while not every criminal defendant is required to confront a penal institution in consequence of his felonious activity, by the time a defendant encounters either a courthouse or a penal institution, the sentencing offense has long been completed. The express consideration of these events explicitly indicates that postoffense conduct may be considered when scoring OV 19. [ Id . (citation omitted).]”
1 later decision quote this exact passage · from the majority“The aggravating factors considered in OV 19 contemplate events that almost always occur after the charged offense has been completed.”
1 later decision quote this exact passage · from the majority
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.