92 Wash. 2d 624 - State v. Braithwaite’s Empirical Analysis
1979
Citation profile
3 federal appellate · 28 state decisions
How this case has been cited
Cited by 31 later decisions — most recently May 2017 · most notably 113 Wash. 2d 679 - State v. Leach (1989), Whack v. State (1995)
3 federal appellate · 28 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 91 Wash. 2d 603 - State v. Gilcrist · 62 Wash. 2d 362 - State v. Persinger · 2 Wash. App. 943 - State v. Mitchell · State v. Jones · Persinger v. Washington
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.
“Those constitutional provisions protect an individual against repeated trials for the same "offense." A determination that one is a habitual criminal does not involve a finding that he is guilty of an offense but only a finding that he has previously been convicted of certain offenses. That finding is usually, if not invariably, based upon judicial records and establishes a status, not an offense. State v. Persinger, 62 Wn.2d 362 , 382 P.2d 497 (1963), appeal dismissed, 376 U.S. 187 (1964). We have held that one charged with being a habitual criminal is not thereby charged with a substantive crime but merely with having a status, which, if proven, calls for increased punishment for the latest crime of which the accused has been convicted. In re Towne, 14 Wn.2d 633 , 129 P.2d 230 (1942).”
1 later decision quote this exact passage“When it is observed that the habitual criminal statute makes prior convictions the basis for the determination of this status, it is obvious that the legislature did not intend that a defendant who has escaped punishment for an offense of which he has been convicted should also escape the impact of that conviction when he is brought before the court upon a charge of being a habitual criminal. . . . By the use of the words "previously convicted" rather than the words "previously convicted and punished," . . . the legislature has made it clear that the factor which it considers important in habitual criminal proceedings is the previous establishment of guilt of other offenses, not the fact or extent of previous punishment.”
1 later decision quote this exact passage“Upon termination of any suspended sentence under RCW 9.92.060 or 9.95.210, such person may apply to the court for restoration of his civil rights. Thereupon the court may in its discretion enter an order directing that such defendant shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he has been convicted.”
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.