Stambaugh v. State’s Empirical Analysis

Citation profile

1 district · 14 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) An actor convicted of sexual assault who does not qualify under the criteria of subsection (b) or (d) of this section shall be punished as follows: (1) Sexual assault in the first degree is a felony punishable by imprisonment for not less than five (5) years nor more than fifty (50) years; (ii) Sexual assault in the second degree is a felony punishable by imprison ment for not more than twenty (20) years; (ii) Sexual assault in the third degree is a felony punishable by imprisonment for not more than fifteen (15) years; (iv) Repealed by Laws 1997, ch. 185, § 2, eff. July 1, 1997. (b) An actor who is convicted of sexual assault and who does not qualify under the criteria of subsection (d) of this section shall be punished by the extended terms of subsection (c) of this section if: (i) He is being sentenced for two (2) or more separate acts of sexual assault in the first or second degree; (i) He previously has been convicted of any crime containing the same or similar elements as the crimes defined in W.S. 6-2-3802 or 6-2-3808. (c) An actor convicted of sexual assault who qualifies under the criteria of subsection (b) of this section shall be punished as follows: (i) Sexual assault in the first or see-ond degree is a felony punishable by imprisonment for not less than five (5) years or for life; () Sexual assault in the third degree is a felony punishable by imprisonment for not more than twenty (20) years; (lii) Repealed by Laws 1997, ch. 185, § 2, off. July 1, 1997. (d) A”

   2 later decisions quote this exact passage
   e.g. DeLoge v. State · Brown v. State

2. “(a) A person convicted of sexual assault who does not qualify under the criteria of subsection (b) of this section shall be punished as follows: (i) For sexual assault in the first degree, imprisonment for not less than five (5) nor more than fifty (50) years; (ii) For sexual assault in the second degree, imprisonment for not less than one (1) nor more than twenty (20) years; [[Image here]] (b) A person who is convicted of sexual assault shall be punished by the extended terms of subsection (c) of this section if: (i) He is being sentenced for two (2) or more separate acts of sexual assault in the first or second degree; [[Image here]] (c) Whenever any of the circumstances set out in subsection (b) of this section exist, the court shall impose sentence as follows: (i) For sexual assault in the first or second degrees, imprisonment for not less than five (5) years nor more than life[.)”

   1 later decision quote this exact passage
   e.g. Hamill v. State

3. “The language of this section does not reflect the intention of the legislature to direct imposition of a general or consolidated sentence, rather it reflects the intention to establish minimum and maximum incarceration limits under designated conditions and to enact a form of a habitual criminal act. [[Image here]] * * * The consolidated part of the sentence was inappropriate because the trial court felt that it was mandated to make a consolidated sentence. Since there was no such mandate, the purpose for it fails and it becomes “inappropriate.””

   1 later decision quote this exact passage
   e.g. Hamill v. State