State v. Cloutier’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““As to each offense, the court must first determine the basic period of incarceration based solely on the nature and seriousness of the offense, [citation omitted] After deciding on the basic period of incarceration, the court should determine the maximum period of incarceration, [citation omitted] Finally, the court must consider whether to suspend all or a portion of the maximum period of incarceration and require a defendant to serve a period of time on probation, [citation omitted] In determining the maximum period of incarceration and the final sentence, all of the aggravating and mitigating circumstances peculiar to the defendant, including the need to protect the public, should be considered by the court.” [citation omitted]”

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

2. “A. That the convictions are for offenses based on different conduct or arising from different criminal episodes; ... or D. That the seriousness of the criminal conduct involved in either a single criminal episode or in multiple criminal episodes or the seriousness of the criminal record of the convicted person, or both, require a sentence of imprisonment in excess of the maximum available for the most serious offense.”

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