State v. Ervin’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The purpose of this statute is to permit a trial court to impose a new sentence if the nature, circumstances, and frequency of the accused’s violations warrant a different type of alternative sentence or incarceration. However the provisions of the statute do not permit a trial court to arbitrarily establish the length of the new sentence. The statute should not be used by the trial courts for the sole and exclusive purpose of punishing an accused for violating provisions of a community corrections sentence.”

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

2. “(f) Whenever the court imposes a sentence, it shall place on the record either orally or in writing what enhancement or mitigating factors it found, if any, as well as findings of fact as required by § 40-35-209. (g) A sentence must be based on evidence in the record of the trial, the sentencing hearing, the presentence report, and, the record of prior felony convictions filed by the district attorney general with the court as required by § 40-35-202(a).”

   1 later decision quote this exact passage
   e.g. Terry L. Baker v. State of Tennessee

3. “The court shall also possess the power to revoke the sentence imposed at any time due to the conduct of the defendant ..., and the court may resentence the defendant to any appropriate sentencing alternative, including incarceration, for any period of time up to the maximum sentence provided for the offense committed, less any time actually served in any community based alternative to incarceration.”

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