Ziebart v. Hunter’s Empirical Analysis
177 F.2d 847 · 1949
Citation profile
16 federal appellate ·
How this case has been cited
Cited by 17 later decisions — most recently October 1972
16 federal appellate ·
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
Relies on United States v. Daugherty · Wall v. Hudspeth · Hode v. Sanford · Subas v. Hudspeth · Levine v. Hudspeth
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is the contention of appellant that the several sentences were so indefinite and uncertain that they must be construed as running concurrently; that treating them in that manner, appellant has served more than the time required; and that therefore he is entitled to immediate discharge from further confinement. If the several sentences be construed as running concurrently, they total five years and appellant has completed service of them. On the other hand, if they be construed as running consecutively, they total seventeen years and their service has not been completed. Where sentences are imposed on pleas of guilty or verdicts of guilty on several indictments, or on several counts in a single indictment, in the absence of some definite and specific provision that they shall run consecutively, each sentence begins to run at once and they all run concurrently. Subas v. Hudspeth, 10 Cir., 122 F.2d 85 ; Levine v. Hudspeth, 10 Cir., 127 F.2d 982 , certiorari denied, 317 U.S. 628 , 63 S.Ct. 39 , 87 L.Ed. 507 . But the trial court has authority in the exercise of its discretion to provide that its sentences shall run consecutively. United States v. Daugherty, 269 U.S. 360 , 46 S.Ct. 156 , 70 L.Ed. 309 ; Zerbst v. Walker, 10 Cir., 67 F.2d 667 ; Hode v. Sanford, 5 Cir., 101 F.2d 290 . “Sentences in criminal cases should be reasonably definite, certain, and consistent in their several provisions. They should disclose on their face with fair certainty the intent of the trial court,”
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.