State v. Tafoya’s Empirical Analysis

Citation profile

1 federal appellate · 1 district · 29 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]n reviewing our previous case law, it is apparent that “intrinsic” factors, required to be pled in the indictment and found by the jury, are distinguishable in that they are contemporaneous with, and enmeshed in, the statutory elements of the proscribed offense. Contrarily, “extrinsic” factors are separable from the offense itself in that they involve consideration of collateral events or information. Occurrence at a prior time is indicative, although not dispositive, of a conclusion that a factor is “extrinsic.””

   6 later decisions quote this exact passage · from the majority
   e.g. Kaua v. Frank · State v. Janto

2. “[“i]t is an impermissible dilution of the jury’s role as factfinder to remove the responsibility for determining the existence of facts leading to the imposition of a particular' punishment.... We hold that when a fact susceptible to jury determination is a predicate to the imposition of an enhanced sentence, the Hawaii Constitution requires that such factual determinations be made by the trier of fact. The legislature may not dilute the historical province of the jury by relegating facts necessary to the imposition of a certain penalty for criminal behavior to the sentencing court. The jury is the body responsible for determination of intrinsic facts necessary for the imposition of punishment for an offense criminalized by the legislature. The analysis in Schroeder protects the jury’s role by mandating that the determination of facts intrinsic to the offense be made by the trier of faet.[”]”

   5 later decisions quote this exact passage · from the majority
   e.g. State v. Kekuewa · State v. Aplaca

3. “if ... “aggravating circumstances” justifying the imposition of an enhanced sentence are “enmeshed in,” or, put differently, intrinsic to the “commission of the crime charged,” then ... such aggravating circumstances “must be alleged in the indictment in order to give the defendant notice that they will be relied on to prove the defendant’s guilt and support the sentence to be imposed, and they must be determined by the trier of fact.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Aplaca · State v. Domingues