State v. Everitt’s Empirical Analysis

Citation profile

3 federal appellate · 30 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Whether or not he had so demeaned himself [as to forfeit his probation] was not an issue of fact to be submitted to a jury, but a question of fact to be passed upon by the court. It was a matter to be determined by the .sound discretion of the court, and the exercise of that discretion, in the absence of gross abuse, cannot be reviewed here.””

   2 later decisions quote this exact passage
   e.g. 121 Cal. App. 711 - In Re Young · 50 N.J. Super. 223 - State v. Moretti

2. ““It must not be overlooked that the suspension of judgment upon terms expressed therein, at September term, 1911, was entered with the defendant’s implied assent at least; he being present, and not objecting thereto. This court said in State v. Crook, 115 N. C. 760 ( 20 S. E. 513 , 29 L. R. A. 260), that such an order is not prejudicial, but favorable to a defendant, in that punishment is put off, with the chance of escaping it altogether, and it is presumed that he was present and assented thereto, if he did not ask for it as a measure of relief from impending punishment. The court also expressed some surprise at the suggestion that the rights of a defendant are infringed or his interests impaired by allowing him to escape for the present the toils of the law, by suspending immediate action and affording him an opportunity for reformation as a basis for permanent clemency, instead of requiring him at once to undergo the punishment of the law, for the offense of which he had been convicted. And we repeat that it is strange he should complain of the merciful consideration which the law thus extends to him.””

   1 later decision quote this exact passage
   e.g. People v. Hodges