Brezenoff v. State’s Empirical Analysis
1983
Citation profile
44 state decisions
How this case has been cited
Cited by 44 later decisions — most recently December 2006 · most notably Wylie v. State (1990), Pruett v. State (1987)
44 state decisions
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. Chaney · Austin v. State · State v. Wortham · Leuch v. State · Andrews 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.
“Where the total sentence received by a first offender exceeds the presumptive sentence for a second offender but the period of actual imprisonment is substantially less, ... the total sentence meets the Austin requirement of a substantially more favorable sentence for the first offender. Where, however, the actual period of imprisonment equals or exceeds the presumptive term for a second offender, we will require aggravating factors or extraordinary cireumstances to justify additional [Jail] timel,] even if it is suspended.”
2 later decisions quote this exact passagee.g. Dayton v. State · Tate v. State“A first felony offender convicted of an offense for which a presumptive term of imprisonment is not specified ... may not be sentenced to a term of unsuspended imprisonment that exceeds the presumptive term for a second felony offender convicted of the same crime unless the court finds by clear and convincing evidence that an aggravating factor under AS 12.55.155(c) is present, or that circumstances exist that would warrant a referral to the three-judge [sentencing] panel under AS 12 55.165.”
1 later decision quote this exact passagee.g. Pitka v. State“AS 12.55.155(c)(10) stresses the conduct involved in the specific offense under consideration rather than the personal characteristics of the offender[.] [It] requires comparison of the conduct constituting the crime in question with other conduct which would satisfy the elements of the offense. This aggravating factor does not require a comparison of the defendant to other potential defendants committing the offense.”
1 later decision quote this exact passagee.g. Martin v. State
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.