Bennett v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The purpose of a restitution order is to impress upon the criminal defendant the magnitude of the loss he has caused and to defray costs to the victims caused by the offense.” Henderson v. State, 848 N.E.2d 341, 346 (Ind.Ct.App.2006). An “order of restitution is within the trial court’s discretion” and will only be reviewed for an abuse of that discretion. Roach v. State, 695 N.E.2d 934, 943 (Ind.1998) [on reh’g, 711 N.E.2d 1237 (Ind.1999)]. An abuse of discretion occurs if the court’s decision is clearly against the logic and effects of the facts and circumstances before it. See Palmer v. State, 704 N.E.2d 124, 127 (Ind.1999); Davis v. State, 772 N.E.2d 535, 540 (Ind.Ct.App.2002), trans. denied. An abuse of discretion also occurs “when the trial court misinterprets or misapplies the law.” Green v. State, 811 N.E.2d 874, 877 (Ind.Ct.App.2004) (citing Tapia v. State, 753 N.E.2d 581, 585 (Ind.2001)). Indiana Code Section 35-50-5-3(a) provides that a 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 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[.]” (Emphasis added). It is well settled that the trial court “may consider only those expenses incurred by the victim prior to the date of sentencing in formulating its restitution order.” Carswell v. ”

   1 later decision quote this exact passage
   e.g. Jose Guzman v. State of Indiana

2. “The purpose of a restitution order is to impress upon the criminal defendant the magnitude of the loss he has caused and to defray costs to the victims caused by the offense. An order of restitution is within the trial court’s discretion and will only be reviewed for an abuse of that discretion. An abuse of discretion occurs if the court’s decision is clearly against the logic and effects of the facts and circumstances before it. An abuse of discretion also occurs when the trial court misinterprets or misapplies the law. Indiana Code Section 35-50-5-3(a) provides that a 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 court shall base its restitution order upon a consideration of [property damage based on the actual cost of repair; medical and hospital costs incurred by the victim as a result of the crime; the cost of medical laboratory tests to determine if the crime has caused the victim to contract a disease or other medical condition; earnings lost by the victim (before the date of sentencing) as a result of the crime; and funeral, burial, or cremation costs incurred by the family or estate].” (Emphasis added). It is well settled that the trial court may consider only those expenses incurred by the victim prior to the date of sentencing in formulating its restitution order. The amount of actual loss is a factual matter that can be determined only upon the presentatio”

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