State v. Brunner’s Empirical Analysis
2011
Citation profile
17
cited by 17 later decisions
1
states following
December 2018
most recently cited
17 state decisions
Relationships
Relies on Emerson v. State · Ben-Yisrayl v. State · McCary v. State · Torrence v. State · State v. Sierp
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) From an order granting a motion to dismiss an indictment or information. (2) From an order or judgment for the defendant, upon his motion for discharge because of delay of his trial not caused by his act, or upon his plea of former jeopardy, presented and ruled upon prior to trial. (3) From an order granting a motion to correct errors. (4) Upon a question reserved by the state, if the defendant is acquitted. (5) From an order granting a motion to suppress evidence, if the ultimate effect of the order is to preclude further prosecution. (6) From any interlocutory order if the trial court certifies and the court on appeal or a judge thereof finds on petition that: (A) the appellant will suffer substantial expense, damage, or injury if the order is erroneous and the determination thereof is withheld until after judgment; (B) the order involves a substantial question of law, the early determination of which will promote a more orderly disposition of the case; or (C) the remedy by appeal after judgment is otherwise inadequate.”
3 later decisions quote this exact passage“(a) A person who commits a Class D felony shall be imprisoned for a fixed term of between six (6) months and three (3) years, with the advisory sentence being one and one-half (1 1/2) years. In addition, the person may be fined not more than ten thousand dollars ($10,000). [[Image here]] (c) Notwithstanding subsection (a), the sentencing court may convert a Class D felony conviction to a Class A misdemeanor conviction if, after receiving a verified petition as described in subsection (d) and after conducting a hearing of which the prosecuting attorney has been notified, the court makes the following findings: (1) The person is not a sex or violent offender (as defined in IC 11 — 8—8— 5). (2) The person was not convicted of a Class D felony that resulted in bodily injury to another person. (3) The person has not been convicted of perjury under IC 35-44.1-2-1 (or IC 35-44-2-1 before its repeal) or official misconduct under IC 35-44.1-1-1 (or IC 35-44-1-2 before its repeal). (4) At least three (3) years have passed since the person: (A) completed the person’s sentence; and (B) satisfied any other obligation imposed on the person as part of the sentence; for the Class D felony. (5) The person has not been convicted of a felony since the person: (A) completed the person’s sentence; and (B) satisfied any other obligation imposed on the person as part of the sentence; for the Class D felony. (6) No criminal charges are pending against the person. (d) A petition filed under subsectio”
2 later decisions quote this exact passage“the intent of the legislature in granting authority to the trial courts to reduce a Class D felony to a Class A misdemean- or was limited to the moment the trial court first entered its judgment of conviction and before the trial court announced its sentence. The Court of Appeals correctly ruled that the language of the statute itself described the specific timeframe codified for this action was after the finding of a Class D felony but before the pronouncement of a sentence, “the- court may enter judgment of conviction ... and sentence accordingly.” I.C. § 35 — 50—2—7(b) (emphasis added). The judgment of conviction is entered first, and then the sentence is handed down. The legislature has not granted the trial court the authority to modify the conviction at any time other than while delivering the sentence.”
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.