Johnson v. Commonwealth’s Empirical Analysis
2000
Citation profile
8 state decisions
Relationships
Relies on 57 Cal. 2d 450 - Auto Equity Sales, Inc. v. Superior Court · Gomez v. Dade County School Board · Mills v. Commonwealth · 303 Ill. App. 3d 1082 - People v. Everage · 589 So. 2d 283 - Gonzalez v. Metro Dade Police Department
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.
“As a general rule, except with respect to issues of custody and child support in a domestic relations case, the filing of a notice of appeal divests the trial court of jurisdiction to rule on any issues while the appeal is pending. Hoy v. Newburg Homes, Inc., 325 S.W.2d 301 (Ky.1959) (trial judge had no jurisdiction to enter an order permitting the filing of an amended complaint); Monsour v. Humphrey, 324 S.W.2d 813 (Ky.1959) (trial judge had no jurisdiction to enter an order amending the judgment); Louisville & N.R. Co. v. Paul’s Adm’r, 314 Ky. 473 , 235 S.W.2d 787 (1950) (trial judge had no authority to supplement the record on appeal). There is authority permitting a trial judge to rule on a motion filed in a criminal case while the case is pending on appeal, if the motion raises new issues, e.g., newly discovered evidence or ineffective assistance of counsel, which could not have been the subject of the direct appeal. RCr 10.06(2); RCr 11.42(1); Wilson v. Commonwealth, 761 S.W.2d 182 (Ky.App.1988). That exception does not apply here, since all of Appellant’s post-trial motions were filed before the attempted appeal. Thus, the order of May 29,1998 was entered without jurisdiction and is a nullity.”
1 later decision quote this exact passagee.g. Young v. Richardson“After a motion for a new trial is filed and if there is an appeal pending, either party may move the appellate court for a stay of the proceedings in the appellate court, whereupon the clerk of the appellate court shall notify the clerk of the trial court that the motion has been filed. The clerk of the trial court shall notify the clerk of the appellate court of the trial court’s ruling on the motion for a new trial.”
1 later decision quote this exact passage · from the concurrencee.g. Rowe v. Commonwealth“The motion for a new trial shall be served not later than five (5) days after return of the verdict. A motion for a new trial based upon the ground of newly discovered evidence shall be made within one (1) year after the entry of the judgment or at a later time if the court for good cause so permits.”
1 later decision quote this exact passagee.g. Rowe v. Commonwealth
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.