Holton v. State’s Empirical Analysis

Citation profile

35 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “First, a statute may not be so imprecisely drawn and overbroad that it `chills' the exercise of first amendment rights. The second consideration is that in order to be consistent with notions of fundamental fairness a statute must give adequate notice of the conduct that is prohibited. The final element in an analysis of statutory vagueness is whether the statute's imprecise language encourages arbitrary enforcement by allowing prosecuting authorities undue discretion to determine the scope of its prohibitions.”

   5 later decisions quote this exact passage · from the majority
   e.g. M. O. W. v. State · State v. Rice

2. “As Holton argues, the good cause requirement in AS 12.55.110 refers to the finding at the second step of the revocation process: The requirement that probation revocation follow after a showing of "good cause” requires the trial judge to find that continuation of probationary status would be at odds with the need to protect society and society's interest in the probationer’s rehabilitation. Revocation should follow violation of a condition of probation when that violation indicates that the corrective aims of probation cannot be achieved. Trumbly v. State, 515 P.2d at 709 . Thus, the state must prove that Holton violated a condition of probation.”

   2 later decisions quote this exact passage · from the majority
   e.g. Benboe v. State · Rich v. State

3. “A denial of [constitutional] rights would be the result only if a violation of the misdemeanor statute would invariably and necessarily constitute a violation of the felony provision. Thus, where the same act committed under the same circumstances is punishable either as a felony or as a misdemeanor, under either of two statutory provisions, and the elements of proof essential to either conviction are exactly the same, a conviction under the felony statute would constitute a violation of the defendant’s rights to due process and the equal protection of the laws. This rule recognizes the legislature’s power to define crimes and affix punishment according to the offender’s conduct and culpability. When the elements of one crime overlap with the elements of another crime, or when the elements of one offense encompass the elements of a less er included offense, some discretion inevitably accrues to the prosecutor, who may tailor the charge to fit the offense. So long as the elements necessary to prove either of two offenses are not identical, the courts have upheld the statutes and allowed the prosecutor charging flexibility-”

   1 later decision quote this exact passage · from the majority
   e.g. Hemphill v. State