State v. Brantley’s Empirical Analysis
1965
Citation profile
19 state decisions
How this case has been cited
Cited by 19 later decisions — most recently September 2023
19 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 24 Ohio App. 208 - Staniforth v. State · 116 Ohio App. 285 - State v. Bowman · State v. McCormick · 27 Ohio App. 297 - Hawkins v. State · 110 Ohio App. 469 - Harvey v. Myers, Supt.
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The ordinary moaning of the word ‘offense’ is ‘the doing that which a penal Isav forbids to be done or omitting to do what it commands.’ On the other hand,’ a ‘conviction’ is ‘that légal proceeding which ascertains the guilt of the party upon which the sentence or judgment is founded.’ Bouvi'er’s: Law Dictionary (Baldwin’s Century Ed. 1940). In other words, a conviction is a legal ascertainment that an offense has been committed. A conviction is not an essential element of an offense although an offense is always a prerequisite to a, conviction. ■“'Thus, it would be necessary, in order to affirm the judgment'of the Court of Appeals, either t5 give other than their ordinary meaning to the words ‘first offense’ in the statute or to add words to the statute which the stat-: ute does not contain. “As stated in State v. Dale (1900), 110 Iowa 215, 217 , 81 N. W. 453 , ‘the statute does not, in terms, reqriire that' the convictions should antedate the offense charged * * *.. "What reason is there for adding something to the language of the statute?7 “As stated in State v. McCormick (1928), 104 N. J. Law 288, 140 A. 297 : “ ‘The “offense77 took place when the alleged criminal act was committed irrespective of the time of conviction or the plea of guilty, so long, at least, as sucli conviction or plea of guilty took place before the return of the indictment charging a similar offense as a second, offense.’ ””
1 later decision quote this exact passagee.g. State v. Henderson“The ordinary meaning of the word “offense” is “the doing that which a penal law forbids to be done or omitting to do what it commands.” On the other hand, a “conviction” is “that legal proceeding which ascertains the guilt of the party upon which the sentence or judgment is founded.” In other words, a conviction is a legal ascertainment that an offense has been committed. A conviction is not an essential element of an offense, although an offense is always a prerequisite to a conviction.”
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.