Laney v. Holbrook’s Empirical Analysis

Citation profile

2 federal appellate · 42 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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"When we consider the general nature of the language in which the charges were couched and the conclusions rather than specific statements of facts upon which such conclusions might be based, and when we also consider the remoteness of the dates alleged in some of the charges it becomes readily apparent that the general `verdict of guilty' was not sufficient to constitute findings of facts as required by the statute and, therefore, fell short of due process of law. "* * * it became and was necessary for the County Board of Public Instruction to make a finding of fact, that is to set out the facts which they found from the evidence to be shown to be true as to each of the charges, so that a court authorized to review the matter on certiorari could determine, first, whether or not the facts as found by the Board constituted lawful grounds for the removal of the Principal and, having determined this question in the affirmative, to then determine whether or not the evidence supported the finding. Without this the reviewing court would be compelled to grope in the dark and to resort to guess-work as to what facts the Board had found to be true and what facts alleged were not found to be true."”

   3 later decisions quote this exact passage
   e.g. 81 So. 2d 503 - Hardy v. City of Tarpon Springs · 466 So. 2d 357 - Irvine v. DUVAL COUNTY PLANNING COM'N

2. ““At the time and place specified in such notice, the County Board of Public Instruction shall conduct a public hearing on such charge or charges, at which hearing there shall be first presented the evidence in support of such charge or charges, and thereafter the evidence on behalf of such teacher with respect thereto. At such hearing the teacher shall have a right to be heard and represented by .counsel. Only evidence under oath or affirmation shall be received at such hearing. Full cross-examination of all witnesses shall be permitted and the hearing shall be confined to the written charges served upon the teacher. A finding by a mojority vote of the County Board of Public Instruction that any one or more of the charges made against such teacher have been established or sustained shall be necessary before any teacher may be discharged or demoted and without such finding the charge or charges preferred against said teacher shall be ordered dismissed by the said County Board. The said Board shall deliver a copy of its findings upon said charge or charges to the teacher within five (5) days after the same have been made. It shall be the duty of the Board of Public Instruction upon request made by any teacher before any hearing is had upon charges filed against such teacher to cause to be made and filed in the office of said Board a true and correct record of all the proceedings had at said hearing including a transcript of the testimony and other evidence taken or produced at ”

   1 later decision quote this exact passage
   e.g. Laney v. Holbrook

3. ““In the state of the record in which it appeared in the Circuit Court the judgment, if it could be called a judgment, or order of the County Board of Public Instruction should have been quashed and the cause remanded to the Board with instructions to make findings of fact with sufficient definiteness to advise the accused as to what facts the Board found sufficiently proven to substantiate charges which would warrant the forfeiture of his position as Principal of the Public Schools of the City of Apopka in Orange County, Florida.””

   1 later decision quote this exact passage
   e.g. 150 So. 2d 504 - Polar Ice Cream & Creamery Co. v. Andrews