State v. Tucker’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Upon a determination that the defendant has violated the terms and conditions of his or her probation the court, in open court and in. the presence of the defendant, may remove the suspension and order the defendant committed on the sentence previously imposed, or on a lesser sentence, or impose a sentence if one has not been previously imposed, or may continue the suspension of a sentence previously imposed, as to the court may seem just and proper.””

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Cory J. Roberts · State v. Kathleen McKinnon-Conneally

2. ““Tucker’s position is that the violation-hearing justice imposed an illegal sentence upon him when he ordered him to serve eighteen months of his prior-suspended sentence and continued the suspension for the remaining fifty-four months of his original sentence. Thus, the expiration of Rule 35’s 120-day time limit did not preclude the court from addressing the merits of Tucker’s argument.” Tucker, 747 A.2d at 453 .”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Cory J. Roberts

3. ““[b]ecause Tucker in this case failed to file and serve his Rule 35 motion within 120 days after the probation-violation justice revoked a portion of defendant’s prior-suspended sentence, the Superior Court lacked authority to correct a sentence ‘imposed in an illegal manner’ or to ‘reduce any sentence’ pursuant to the court’s discretionary powers * * Tucker, 747 A.2d at 453 .”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Brown