State v. Demarsche’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Under the New York law the enhanced punishment for the subsequent offense is fixed and mandatory; under our law it is not, but is left to the discretion of the trial court. The legislature in the state of New York has made it the imperative duty of the court to impose upon the habitual offender the penalty it has fixed. People v. Gowasky, 244 N. Y. 451 , 155 N. E. 737 , 58 A. L. R. 9. So also has the law of Oregon, State v. Smith, 128 Or. 515 , 273 P. 323 ; and Florida, Cross v. State, 96 Fla. 768 , 119 So. 380 . The above cases perhaps justify the conclusion that in New York, Oregon and Florida, the prior convictions may be established and the enhanced penalty imposed under provisions similar to subsection three of our act after conviction and sentence on the principal offense, and even though the prior convictions were known to the court at the time of passing sentence on the principal offense.””

   2 later decisions quote this exact passage
   e.g. State v. Sieler · MacOmber v. State

2. “A person who, after having been convicted within this state of a felony or an attempt to commit a felony, or under the laws of any other state, government, or country, of a crime which, if committed within this state, would be a felony, commits any felony within this state, is punishable upon conviction of such second offense as follows: (1) If the subsequent felony is such that upon a first conviction the offender would be punishable by imprisonment for any term less than his natural life, then such person may be sentenced to imprisonment for a term not more than twice the longest term prescribed upon a first conviction; (2) If a person has been three times convicted as hereinbefore provided and thereafter commits a felony within this state, such person may, in the discretion of the court, upon such fourth or any subsequent conviction of a felony, be sentenced to imprisonment in a state prison for the term of his natural life.”

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

3. “[t]he sentence of the first trial judge is still in all respects valid and effective. The [second] sentence ... was without authority and void.”

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