State v. Draper’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““By placing a defendant on probation, the judge has afforded the benefit of a reduced sentence conditioned upon the defendant’s efforts to reform. A defendant has no expectation of finality in the original sentence when it is subject to his compliance with the terms of his probation. In the event of a violation of probation, the original sentence does not become final but is subject to modification within the standards of state law. “We hold, therefore, that a judge possesses the discretion to impose a longer sentence after revocation of a defendant’s probation, within the purview of R.C. 2951.09, without violating the defendant’s right against double jeopardy.” Id. at 246 , 6 OBR at 314, 452 N.E.2d at 1295 .”

   3 later decisions quote this exact passage · from the dissent
   e.g. State v. Bailey, Unpublished Decision (12-31-2003) · 116 Ohio App. 3d 289 - State v. Grujicic

2. ““I. When revoking probation granted pursuant to R.C. 2929.51(B) and 2947.061 for violation of the terms thereof, the trial court may not impose a sentence that is new and more severe that the original sentence. “II. The Double Jeopardy Clauses of the United States and Ohio Constitutions prohibit a trial court from increasing a defendant’s sentence upon revocation of his probation particularly when the defendant has served part of the sentence.””

   1 later decision quote this exact passage · from the dissent
   e.g. 98 Ohio App. 3d 4 - State v. Meyer

3. “terminate the probation and impose any sentence that originally could have been imposed * * *.”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Williams, Unpublished Decision (4-29-2005)