Smith v. State’s Empirical Analysis

Citation profile

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

1. “(a) The state may seek to have a person sentenced as a repeat sexual offender for a sex offense under IC 85-42-4-1 through IC 35-42-4-9 or IC 35-46-1-8 by alleging, on a page separate from the rest of the charging instrument, that the person has accumulated one (1) prior unrelated felony conviction for a sex offense under IC 35-42-4-1 through IC 35-42-4-9 or IC 35-46-1-8. (b) After a person has been convicted and sentenced for a felony committed after sentencing for a prior unrelated felony conviction under IC 35-42-4-1 through IC 35-42-4-9 or IC 835-46-1-3, the person has accumulated one (1) prior unrelated felony conviction. However, a conviction does not count for purposes of this subsection, if: (1) it has been set aside; or (2) it is one for which the person has been pardoned. (e) The court alone shall conduct the sentencing hearing under IC 35-38-1-3. (d) A person is a repeat sexual offender if the court finds that the state has proved beyond a reasonable doubt that the person had accumulated one (1) prior unrelated felony conviction under IC 35-42-4-1 through IC 35-42-4-9 or IC 35-46-1-8. (e) The court may sentence a person found to be a repeat sexual offender to an additional fixed term that is the pre- . sumptive sentence for the underlying offense. However, the additional sentence may not exceed ten (10) years.”

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