Richey v. State’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We believe it apparent that Judge Rowland’s set-aside order did not affect the status of Richey’s 1977 forgery conviction. The order must be deemed a nullity because Judge Rowland had no authority to issue it.... The plain language of [AS 12.55.085(d) and (e) ] authorizes the sentencing court to set aside a conviction only when a defendant, following a term of probation incidental to a suspended imposition of sentence, has been discharged from probation “without imposition of sentence.” The obvious intent of this provision is to allow set-aside orders to be entered only in cases where a sentence has never formally been imposed against a defendant. Here, ... Judge Rowland had already rescinded Richey’s suspended imposition of sentence and had formally imposed sentence. Rich-ey was never discharged from probation under AS 12.55.085(d). [Thus,] Judge Rowland had no authority to set aside his conviction under AS 12.55.085(e).”

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