State v. Dennington’s Empirical Analysis

Citation profile

2 federal appellate · 10 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Of course, the problem now before this Court is not primarily whether the nolle •prosequis were properly entered but rather whether the State can prosecute here after having entered those nolle prosequis without giving any reasons therefor. There are few reported cases dealing with the precise point raised here. The majority of them are adverse to the position taken by the defendants, unless some statute is involved. Illustrations of these decisions are Rodgers v. State, 101 Miss. 847 , 58 So. 536 ; Preston v. State, 109 Tex. Cr. R. 610 , 6 S.W. 2d 757 ; State v. Van Ness, 109 Vt. 392 , 199 A. 759 , 117 A.L.R. 415 ; State ex rel. Mitchell v. Court of Coffeyville, 123 Kan. 774 , 256 P. 804 . The cases are collected -and discussed in 117 A.L.R. 423 . “Perhaps, the strongest case in defendants’ favor is State v. Milano, 138 La. 989 , 71 So. 131 . There it was conceded that the only purpose of the District Attorney was to transfer the case from the first Court, which had taken jurisdiction, to the second Court. The Supreme Court pointed out that there was no provision in the law for the transfer of a criminal action from the one Court to the other and said that the action taken was merely an attempt to accomplish indirectly what could not be done directly. In Delaware, there is likewise no statute for the transfer of a criminal 'action from the Common Pleas Court of Kent County to the Superior Court. The opinion in the Milano case relies principally upon Coleman v. State, 83 Mis”

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