In re Lester’s Empirical Analysis

Citation profile

2 federal appellate · 6 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We conclude that the sentence imposed was and is void, but the verdict is valid and therefore the writ should be denied, but a valid sentence and judgment should be pronounced and rendered upon the verdict by the district court where the case was tried, making it effective from the date upon which it shall be rendered, but directing that full credit be given the petitioner for all time served by him under the void sentence.” (pp. 786, 787.)”

   1 later decision quote this exact passage · from the majority
   e.g. Northcott v. Hand

2. ““. . . Since the sentence is void, it is not subject to correction as it might have been if it were merely voidable or irregular; but being void, it is not a sentence or judgment and never was such. It is exactly the same as if no attempt had ever been made to pronounce a sentence on the verdict. The verdict is valid and the case stands ready for sentence and judgment upon the verdict.””

   1 later decision quote this exact passage · from the majority
   e.g. State v. Cox

3. “the three words 'in the nighttime' included in this verdict are mere surplusage and do not affect the finding or verdict in any particular. Besides, the concluding words, 'as charged in the first count of the information,' make the crime definite and specific by direct reference.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Brown