Benson v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Where a defendant is convicted of multiple offenses from one trial or where the defendant has additional sentences not yet fully served as the result of the convictions in the same or other court and the law requires consecutive sentences, the sentence shall be consecutive whether the judgment explicitly so orders or not. This rule shall apply: (A) To a sentence for a felony committed while on parole for a felony; (B) To a sentence for escape or for a felony committed while on escape; (C) To a sentence for a felony where the defendant was released on bail and the defendant is convicted of both offenses; and (D) Any other ground provided by law.”

   1 later decision quote this exact passage · from the majority
   e.g. Hogan v. Mills

2. “[A] person is not “restrained of liberty” for purposes of the habeas corpus statute unless the challenged judgment itself imposes a restraint upon the petitioner’s freedom of action or movement. Use of the challenged judgment to enhance the sentence imposed on a separate conviction is not a restraint of liberty sufficient to permit a habeas corpus challenge to the original conviction long after the sentence on the original conviction has expired.”

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

3. “includes any limitation placed on a person's freedom of action, including such restraints as conditions of”

   1 later decision quote this exact passage · from the majority
   e.g. May v. Carlton