People v. Herrera’s Empirical Analysis
1973
Citation profile
2 federal appellate · 12 state decisions
How this case has been cited
Cited by 14 later decisions — most recently April 1992
2 federal appellate · 12 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
Relies on Pieramico v. People · Jaramillo v. District Court
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““There are three possible interpretations of ‘punishable by death or life imprisonment.’ (1) It may mean only those offenses having as alternative punishments life imprisonment or death, which in this state, so far as comes to mind, would embrace only first degree murder and kidnapping in which injuries result. * * (2) Those crimes which are punishable only by life imprisonment and those offenses punishable only by death, an example of which is the Habitual Criminal Act * * *. (3) Those crimes which have a minimum sentence of less than life imprisonment and a maximum of either life imprisonment or death. In Colorado this latter category would embrace aggravated robbery, first degree rape, second degree murder, kidnapping and all crimes embraced within the Sex Offenders Act. * * * [W]e hold that the meaning of ‘punishable by death or life imprisonment’ involves either category (1) or (2) mentioned above, and' it is not necessary for us to determine which. In other words ‘punishable by death or life imprisonment’ does not embrace offenses which have a sentence of less than life imprisonment as a minimum and a maximum of either life imprisonment or death.””
1 later decision quote this exact passage · from the majoritye.g. Peterson v. State
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.