State v. Hardeman’s Empirical Analysis
2005
Citation profile
7
cited by 7 later decisions
1
states following
July 2011
most recently cited
7 state decisions
Relationships
Relies on Apprendi v. New Jersey · Blakely v. Washington · Almendarez-Torres v. United States · Boykin v. Alabama · Jones v. United States
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.
“The defendant further argues that the bill of information failed to allege conviction of a prior fourth offense DWI, thereby depriving the defendant of notice and an opportunity to refute the grounds for a harsher sentence. This argument assumes that if the defendant had previously received the benefit of suspension of sentence and probation as a fourth offender, this fact was an element of the offense, rather than a sentencing consideration. After careful consideration of the issue, we are convinced that the fact that the defendant had previously received the benefit of suspension of sentence and probation as a fourth offender was a sentencing consideration and not an element of the instant offense. Any fact (other than a prior conviction) that increases the maximum penalty for a crime must be charged in an indictment, submitted to a jury, and proven beyond a reasonable doubt. Apprendi v. New Jersey, 530 U.S. 466, 476 , 120 S.Ct. 2348, 2355 , 147 L.Ed.2d 435 (2000); Jones v. United States, 526 U.S. 227 , 243 n. 6, 119 S.Ct. 1215 , 1224 n. 6, 143 L.Ed.2d 311 (1999). Elements of an offense must be charged in the indictment, submitted to a jury, and proven by the government beyond a reasonable doubt. Jones v. United States, 526 U.S. at 232 , 119 S.Ct. at 1219 . The statutory maximum, for Apprendi purposes, is the maximum sentence a judge may impose solely on the basis of the facts reflected in the verdict or admitted by the defendant. Blakely v. Washington, 542 U.S. 296 , 124 S”
1 later decision quote this exact passage · from the majority“[s]ixty days of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension,”
1 later decision quote this exact passage · from the majority
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.