Public-domain · open source
OpenJurist
← 106 Ariz. 190 - State v. Kennedy

State v. Kennedy’s Empirical Analysis

1970

Citation profile

50
cited by 50 later decisions
2
states following
March 1990
most recently cited

2 federal appellate · 48 state decisions

How this case has been cited

Cited by 50 later decisions — most recently March 1990 · most notably State v. Cruz-Mata (1983), Durkin v. Davis (1976)

2 federal appellate · 48 state decisions

420197019801990decided

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 North Carolina v. Pearce · United States v. Equitable Life Assurance Society · Brotherhood of Railway & Steamship Clerks v. Florida East Coast Railway Co. · State v. Sowards · State v. Foggy

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

  1. ““While a court may take into consideration the time served in jail prior to sentence it is held to be not a matter of right but discretionary with the trial court. [Cases cited.]””
    3 later decisions quote this exact passage
  2. ““ ‘Punishment is a consequence of crime, to be sure, but in a legal view, it is the immediate consequences of only a -'eonviction of crime. Hence, any pain or penalty which the offender has suffered before conviction and before sentence has been pronounced upon him is .illegal, or is due to some demand of the law- other than that based upon his conviction. In either case, it fails to enure to his benefit as part of that due punishment which the. law exacts, by reason of his conviction and of the sentence passed upon him.’” (Emphasis supplied). 106 Ariz. at 192-193 , 472 P.2d at 61-62 ; quoted with approval from People ex rel Stokes v. Warden of State Prison, 66 N.Y. 342, 345 (1876).”
    2 later decisions quote this exact passage
  3. ““This Court has followed North Carolina v. Pearce, supra; State v. Johnson, 105. Ariz. 21, 458 P.2d 955 . However, these cases pertain solely to time served under a prior conviction, and do not involve the question of credit for time served in jail prior to a conviction and sentence.” State v. Kennedy, 106 Ariz. 190, 192 , 472 P.2d 59, 61 (1970).”
    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.