84 Or. App. 452 - State v. Mitchell’s Empirical Analysis
1987
Citation profile
6
cited by 6 later decisions
1
states following
March 1999
most recently cited
4 federal appellate · 2 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The initial predicate for the court to invoke the dangerous offender statute and proceed to determine if a defendant is in fact a dangerous offender is the type of crime for which the defendant is being sentenced. It must be either a Class A felony or any lesser felony `that seriously endangered the life or safety of another.' ORS 161.725(2). The sentencing court can determine as a matter of law whether the crime for which defendant has been convicted is a felony and whether it is a Class A or lesser felony. However, it cannot determine as a matter of law whether the felonious act seriously endangered another. "* * * * * "[A defendant] is entitled under the [Oregon] constitution to a jury determination of that factual element.”
1 later decision quote this exact passage“[A defendant] is entitled under the [Oregon] constitution to a jury determination of that factual element.”
1 later decision quote this exact passage“[t]he defendant is being sentenced for a felony that seriously endangered the life or safety of 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.