Garringer v. State’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “withhold judgment on [Defendant’s] conviction of [Count VI (second degree murder) ] for thirty days. If the prosecution within that time consents to resentencing without a mandatory minimum under HRS § 706-660.1, we will affirm the conviction on that count and remand for resentenc-ing. If, on the other hand, the government does not consent, we will vacate [Defendant’s] conviction on [Count VI] and remand for a new trial.”

   2 later decisions quote this exact passage
   e.g. State v. Brantley · State v. Jess

2. “Sentence of imprisonment for use of a firearm, semiautomatic firearm, or automatic firearm in a felony. (1) A person convicted of a felony, where the person had a firearm in the person’s possession or threatened its use or used the firearm while engaged in the commission of the felony, whether the firearm was loaded or not, and whether operable or not, may in addition to the indeterminate term of imprisonment provided for the grade of offense he sentenced to a mandatory minimum term of imprisonment without possibility of parole or probation the length of which shall be as follows: (a) For murder in the second degree and attempted murder in the second degree — up to fifteen years; (b) For a class A felony — up to ten years; (c) For class B felony — up to five years; and (d) For a class C felony — up to three years. The sentence of imprisonment for a felony involving the use of a firearm as provided in this subsection shall not be subject to the procedure for determining minimum term of imprisonment prescribed under section 706-669; provided further that a person who is imprisoned in a correctional institution as provided in this subsection shall become subject to the parole procedure as prescribed in section 706-670 only upon the expiration of the term of mandatory imprisonment fixed under paragraph (a), (b), (c), or (d). (2) A person convicted of a second firearm felony offense as provided in subsection (1) where the person had a firearm in the person’s possession or threaten”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Vanstory

3. “Your committee is in agreement that the steadily increasing use of firearms in the commission of criminal activities presents a severe degree of risk of injury to victims of criminal actions. At the present time your committee feels there is a need to re-examine the methods with which to discourage the use of firearms and institute strong criminal penalties for persons convicted of such criminal activities. [[Image here]] Hse.Conf.Comm.Rep. No. 35, in 1976 House Journal, at 1143-44 (emphasis added); see also Sen.Conf.Comm.Rep. No. 34, in 1976 Senate Journal, at 883-84. HRS § 706-660.1 was amended in 1987 so that it applied "whether the firearm was loaded or not, and whether operable or not[.]” 1987 Haw.Sess.L. Act 260, § 1 at 814.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Cornelio