Cherry v. State’s Empirical Analysis
2002
Citation profile
11
cited by 11 later decisions
1
states following
February 2017
most recently cited
11 state decisions
Relationships
Relies on Carswell v. State · Sensback v. State · Trueblood v. State · Singer v. State · Scheckel v. State
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) Exeept as provided in subsection (1), in addition to any sentence imposed under this article for a felony or misdemeanor, the court may, as a condition of probation or without placing the person on probation, order the person to make restitution to the victim of the crime, the victim's estate, or the family of a victim who is deceased. The court shall base its restitution order upon a consideration of: (2) medical and hospital costs incurred by the victim (before the date of sentencing) as a result of the crime; (4) earnings lost by the victim (before the date of sentencing) as a result of the crime including earnings lost while the victim was hospitalized or participating in the investigation or trial of the crime. (e) An order of restitution under subsection (a) or (i) does not bar a civil action for: (1) damages that the court did not require the person to pay to the vice-tim under the restitution order but arise from an injury or property damage that is the basis of restitution ordered by the court; and (2) other damages suffered by the vie-tim.”
1 later decision quote this exact passagee.g. Haltom v. State“When enhancing a sentence, the trial court must set forth a statement of its reasons for selecting a particular punishment. Specifically, the court must (1) identify all significant aggravating and mitigating circumstances, (2) explain why each circumstance is considered aggravating and mitigating, and (8) show that it evaluated and balanced the circumstances.”
1 later decision quote this exact passagee.g. Glass v. State“The purpose behind an order of restitution is to impress upon the criminal defendant the magnitude of the loss he has caused and to defray costs to the victim caused by the offense.”
1 later decision quote this exact passagee.g. Haltom v. State
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.