Lawrence v. State’s Empirical Analysis

Citation profile

1 district · 22 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When a sentencing judge restricts parole eligibility, the judge must specifically address the issue of parole restriction, setting forth with particularity his or her reasons for concluding that the parole eligibility prescribed by AS 33.16.090 and AS 33.16.100(c)-(d) is insufficient to protect the public and insure the defendant’s reformation. When the defendant’s sentence is lengthy, as in Stern’s case, Alaska law presumes that questions of discretionary release are better left to the Parole Board, since the Board evaluates the advisability of parole release in light of the defendant’s tested response to Department of Corrections rehabilitative measures. However, because the Alaska legislature has affirmatively given sentencing judges the power to restrict or deny parole eligibility, this presumption (that parole release of long-term prisoners should normally be evaluated after the defendant has established an institutional history) must remain rebuttable.”

   2 later decisions quote this exact passage
   e.g. Charles v. State · Colgan v. State

2. “We find [the trial judge’s] interpretation of the aggravating factor defined in AS 12.55.155(c)(10) to be mistaken. All of the categories contained within the definition of sexual assault in the first degree under AS 11.41.410(a)(l)-(4) constitute the same offense for legal purposes. All four subparagraphs are treated as comprising the same offense; all are categorized as class A felonies. Nothing contained in the statutory language of AS 11.41.410 or the legislative history of that provision suggests that the type of conduct listed in any one of the statute’s four subparagraphs was meant to be inherently more serious than any of the others. To the contrary, the grouping of these four separate sets of conduct together under the same criminal heading, with identical classifications as class A felonies, is a forceful indication of the legislature’s conclusion that all four subparagraphs were meant to be viewed as involving equally serious conduct. Moreover, the legislative history of AS 12.55.155(c)(10) makes it clear that the drafters of this provision intended that the determination of whether an offender’s conduct “was among the most serious conduct included in the definition of that offense” was to be based on an assessment of the specific facts of each case, viewed in relation to the most serious potential conduct constituting the offense charged.”

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

3. “(a) The court may order a defendant convicted of an offense to make restitution as provided in this section, including restitution to the victim, to a public, private, or private nonprofit organization that has provided counseling, medical, or shelter services to the victim, or as otherwise authorized by law. A defendant is presumed to have the ability to pay restitution unless the defendant establishes the inability to pay by a preponderance of the evidence. In determining the amount and method of payment of restitution, the court shall take into account the (1)public policy that favors requiring criminals to compensate for damages and injury to their victims; (2) financial burden placed on the victim and those who provide services to the victim as a result of the criminal conduct of the defendant; and (3) financial resources of the defendant and the nature of the burden its payment will impose on dependents of the defendant.”

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