MacK v. State’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “attempt does not occur in the abstract, but only in connection with a separate, substantive offense[.] ... [AJttempt cannot be charged alone; a proper charge of attempt must refer not only to the attempt statute but [also] to the underlying substantive offense. 6 So, to resolve the issue of whether the sentencing statute applied to attempts, we examined the history and purpose of the statute. We concluded that the legislature enacted this restriction on a sentencing judge's authority because of "concern over what the legislature perceived to be the repeated and escalating nature of conduct exhibited by many sexual offenders-a pattern of conduct plainly unsuited to the purposes of the suspended imposition of sentence statute”

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

2. “would have anomalous consequences, for it would result in an unconditional bar against the granting of a suspended imposition of sentence in even the least serious [misdemeanor] categories of completed sexual offenses, ... while simultaneously allowing the [suspended impositions of sentence] in more serious attempted [felony] sexual assault cases”

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

3. “The intent of the legislature must govern and the policies and purposes of the statute should not be defeated.”

   1 later decision quote this exact passage
   e.g. Allen v. Municipality of Anchorage