76 Wash. App. 174 - State v. Flake’s Empirical Analysis
1994
Citation profile
27 state decisions
How this case has been cited
Cited by 27 later decisions — most recently March 2014 · most notably In Re Breedlove (1999), State v. Cardenas (1996)
27 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 DiCarlantonio v. United States · 106 Wash. 2d 525 - State v. Oxborrow · 115 Wash. 2d 294 - State v. Lewis · 117 Wash. 2d 211 - State v. Grewe · 115 Wash. 2d 275 - State v. Handley
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]e hold that multiple victims injured by the conduct forming the basis of a charged crime can provide a legally sufficient basis for an exceptional sentence. The presumptive range of vehicular homicide is based on there being one victim of the charged crime—the decedent. When in reality the conduct forming the basis of the charge creates multiple victims, an exceptional sentence is permissible to ensure that the sentence given is proportional to the offense. We note that in this circumstance, the court is not so much looking at other uncharged crimes as an aggravating factor as it is looking at the consequences of the charged crime. Accordingly, the trial court was correct in determining that there was a multiple victims’ aggravating circumstance justifying appellant’s sentence.”
1 later decision quote this exact passage“whenever a person is to be sentenced for two or more current offenses, the sentence range for each current offense shall be determined by using all other current and prior convictions-as if they were prior convictions for the purpose of the offender score: PROVIDED, That if the court enters a finding that some or all of the current offenses encompass the same criminal conduct then those current offenses shall he counted as one crime. . . .”
1 later decision quote this exact passage“"A person is guilty of vehicular assault if he operates or drives any vehicle: "(a) In a reckless manner, and this conduct is the proximate cause of serious bodily injury to another; or "(b) While under the influence of intoxicating liquor or any drug, . . . and this conduct is the proximate cause of serious bodily injury to another.””
1 later decision quote this exact passage
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.