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← 650 SW2D 352 - State v. Hammersley

State v. Hammersley’s Empirical Analysis

1983

Citation profile

44
cited by 44 later decisions
2
states following
August 2016
most recently cited

44 state decisions

How this case has been cited

Cited by 44 later decisions — most recently August 2016 · most notably State v. Bonestel (1993), State v. Hooper (2000)

44 state decisions

2001983199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on State v. Leonardis · Stiller v. State · State v. Grear · Pace v. State · Moten v. State

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

  1. “When deciding whether to enter into a memorandum of understanding under the pretrial diversion statute a prosecutor should focus on the defendant’s amenability to correction. Any factors which tend to accurately reflect whether a particular defendant will or will not become a repeat offender should be considered. Such factors must, of course, be clearly articulable and stated in the record in order that meaningful appellate review may be had. Among the factors to be considered in addition to the circumstances of the offense are the defendant’s criminal record, social history, the physical and mental condition of a defendant where appropriate, and the likelihood that pretrial diversion will serve the ends of justice and the best interest of both the public and the defendant.”
    14 later decisions quote this exact passage
  2. “[Djeterrence should be considered in pretrial diversion cases in the same manner as we have approved for consideration in probation cases. [[Image here]] Deterrence to others should not be eliminated as a matter of law and in all eases from consideration by the District Attorney General or by the trial judge in deciding whether to grant pretrial diversion; deterrence either of the individual or of others is as relevant [in pretrial diversion mattérs] as in granting or denying probation.”
    2 later decisions quote this exact passage
  3. “the following factors and circumstances should be considered in determining [whether] diversion is warranted: circumstances of the offense; the criminal record, social history and present condition of the defendant, including his mental and physical conditions where appropriate; the deterrent effect of punishment upon other criminal activity; defendant's amenability to correction; the likelihood that pretrial diversion will serve the ends of justice and the best interests of both the public and defendant; and the applicant's attitude, behavior since arrest, prior record, home environment, current drug usage, emotional stability, past employment, general reputation, marital stability, family responsibility and attitude of law enforcement.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.