State v. Eubanks’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[The 180-day time period provided for the filing of a motion to remit [in § 1832(D)(@) ] is a condition precedent to the pursuit of the relief of remitter rather than a limitation on the time to commence an action. This section affords a bondsman who has paid a judgment of forfeiture the remedy of reopening the judgment of forfeiture and recovering the amount paid to satisfy the judgment. This section is a special enactment, complete in itself and designates the only avenue for such extraordinary relief of reopening a judgment after it has been satisfied. The provision of a 180-day period in which to pursue such relief evinces concern for expediency in the prosecution of this relief to reopen a forfeiture judgment and reflects intent that the time limit serve as a limitation on the court's power to hear and determine motions seeking such relief. We conclude that filing a motion to remit within the 180-day period is a substantive element of a claim for relief under § 18332(D)(2) and failure to file a motion to remit within that time extinguishes the bondsman's right to seek remitter. We hold a bondsman's opportunity to bring a proceeding to reopen a forfeiture judgment and recover money paid to satisfy that judgment is irretrievably lost unless the quest for relief be brought within the specific time period provided by § 1332(D)(2).”

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

2. “the commencement of a proceeding to vacate, to modify or to reopen a judgment or decree is governed by [the] special time limits [provided and such] special time limits attach directly to the right created.”

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

3. “constitute conditions precedent to the pursuit of the affordable relief rather than a limitation on the time to commence an action.”

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