Binkley v. Hunter’s Empirical Analysis
170 F.2d 848 · 1948
Citation profile
19 federal appellate · 1 district · 10 state decisions
How this case has been cited
Cited by 32 later decisions — most recently October 2017 · most notably United States v. Hayes (1979), United States v. Davis (1986)
19 federal appellate · 1 district · 10 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 18 U.S.C. § 2113
Relies on Sweigart v. State · Southern Express Co. v. Commonwealth of Virginia · Palmer v. State · Western Union Telegraph Co. v. State · Frese v. State
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Appellant’s sole contention in this case is that in the absence of a recommendation for the imposition of the death penalty, the maximum lawful sentence which may be imposed under this statute is ten years. With this contention we cannot agree. Such a construction is contrary to the clear meaning of the words ‘not less than’. These words fix a minimum but clearly imply that more may be imposed. If ten years was intended to be the maximum sentence, the words ‘not less than’ would have no meaning and no doubt would not have been included. ****** “Under a statute such as this, fixing .a minimum sentence and leaving the imposition of the maximum sentence to the court, the only limitation upon the power of the court in imposing a sentence would be that of the Eighth Amendment to the Constitution, which prohibits the imposition of cruel or un- ■ usual punishments.””
1 later decision quote this exact passage · from the majoritye.g. McCutcheon v. Cox“leav[e] it within the power of the court to fix the maximum sentences.”
1 later decision quote this exact passage · from the majority
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.