Shaw v. State’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In determining whether Shaw’s offense was the least serious he argues that we should examine the purpose of the statute. In Davis v. State, 499 P.2d 1025, 1038 (Alaska 1972), rev’d on other grounds, 415 U.S. 308 [ 94 S.Ct. 1105 ], 39 L.Ed.2d 347 (1974), the court said: “The purpose of'the felon in possession statute is to prevent the concealment and use of firearms in violent crime.” The statute is analogous to an attempt statute except that it permits punishment before the defendant has an opportunity to use the handgun for a criminal purpose. Shaw contends that there is no evidence that he intended to use the handgun for an illegal purpose. Shaw testified that he used the gun for hunting. Judge Carlson reasonably noted, however, on behalf of the panel, that handguns are not normally used for that purpose. In addition, Shaw vigorously argued at his original sentencing that he was unaware that felons could not possess firearms because he never received a copy of his order of judgment and probation. As we have seen, however, this testimony was impeached by production of a copy of the judgment bearing Shaw’s signature.”

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

2. “Shaw misconceives the holding of Sawyer . When we used the terms “sentence” and “sentencing” in Sawyer , we were obviously referring to a disposition hearing during which the trial court reviews the crime and the defendant’s participation in it, evaluates the presentence report and selects an appropriate disposition. The hearing preceding the imposition of a suspended sentence clearly qualifies as a disposition hearing. It is therefore a “sentencing” as that term was used in Sawyer . Consequently, we conclude that a person who receives a suspended imposition of sentence has been convicted of a felony for purposes of subsequent recidivist proceedings under the presumptive sentencing statutes, at least where the defendant’s record has not subsequently been expunged. Cf. Tuten v. United States, 460 U.S. 660 , [666] 103 S.Ct. 1412, 1416 , 75 L.Ed.2d 359, 365 (1983) (drawing distinction between probation and discharge in Federal Youth Corrections Act recidivist proceedings).”

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