Shagloak v. State’s Empirical Analysis

Citation profile

23 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “if a more severe sentence may be imposed after retrial for any reason, there will always be a definite apprehension on the part of the accused that a heavier sentence may be imposed.... Such deterrence violates the due process clause of the Alaska Constitution. The fundamental standard of procedural fairness, which is the basic due process right claimed in this case, forbids placing a limitation on the defendant's right to a fair trial by requiring a defendant to barter with freedom for the opportunity of exercising it. [Citation.] The state has no valid interest in imposing unreasonable conditions on [a defendant's] legitimate exercise of his due process right.”

   3 later decisions quote this exact passage
   e.g. Morgan v. State · Hester v. State

2. “A state supreme court is not limited by the decisions of the United States Supreme Court or by the federal constitution when interpreting the provisions of the state constitution, since the latter may have broader safeguards than the minimum federal standards.”

   1 later decision quote this exact passage
   e.g. Doe v. State, Department of Public Safety

3. “under the Fifth Amendment ... [or] Article I, Section 9 of the Alaska Constitution....”

   1 later decision quote this exact passage
   e.g. Graham v. Durr