State v. Lessner’s Empirical Analysis

Citation profile

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

1. “When timeliness is factored into the analysis, it becomes clear — and we now hold — that the criminal due process requirements outlined in Alspach can be claimed only if protected by a timely challenge. Fairness dictates that a defendant who delays challenging a restitution order should not be treated the same as one who files a timely appeal. Courts are permitted under section 910.3 to delay entry of judgment for restitution when, for good cause, restitu-tionary sums are not ascertainable at the time of sentencing. A defendant, however, is granted no such statutory reprieve. Janz instructs that a defendant challenging a restitution order entered as part of the original sentence has two options: to file a petition in district court under section 910.7, or to file a direct appeal.... To be considered an extension of the criminal proceedings, however, the defendant’s petition under section 910.7 must be filed within thirty days from the entry of the challenged order. Failing that, or a timely appeal [under Janz ], a later action under section 910.7 would still provide an avenue for relief. But the action would be civil, not criminal, in nature.”

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