Franks v. State’s Empirical Analysis

Citation profile

3 federal appellate · 32 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is next insisted that the trial judge was in error in permitting the seven-year-old daughter of deceased to testify. This little child was examined by counsel and upon her examination, in answer to a question as to what becomes of children who do not tell the truth, made the statement that they did not go to Jesus. We think this evidence shows a recognition of a state of future punishments and rewards. We have no case in this State directly in point, but we quote from the case of Wheeler v. United States, 159 U.S. 523, 525 , 16 S.Ct. 93 , 40 L.Ed. 244, 247 , as follows: ‘The decision of this question rests primarily with the trial judge, who sees the proposed witness, notices his manner, his apparent possession or lack of intelligence, and may resort to any examination which will tend to disclose his capacity and intelligence, as well as his understanding of the obligations of an oath. As many of these matters cannot be photographed into the record, the decision of the trial judge will not be disturbed on review, unless from that which is preserved it is clear that it was erroneous.’ ... “. .. In the present case, the trial judge had the little girl before him and could judge of her intelligence. After all, the personal observation of a child of tender years furnished the safest guide to its ability to testify, and we are of opinion that the trial judge did not abuse his discretion in permitting the little girl to testify.””

   1 later decision quote this exact passage · from the majority
   e.g. State v. Delbridge

2. ““40-2707. Verdict and sentence on felony conviction. —Whenever any person over eighteen (18) years of age is convicted of any felony or other crime and punishable by imprisonment in the penitentiary, with the punishment for said offense within minimum and maximum terms provided for by law, the jury in addition to finding the defendant guilty shall fix the maximum term of the convicted defendant and its form of verdict shall be: ‘We find the defendant guilty as charged in the indictment,’ or ‘We find the defendant guilty of.....(whatever may be the offense charged), and fix his punishment at imprisonment in the penitentiary for not more than.....years,’ and the court imposing judgment upon such verdict shall not fix a definite term of imprisonment, but shall sentence such person to the penitentiary for a period of not more than the term fixed by the jury, making allowance for good time as now provided by laws. (Acts 1913, ch. 8, § 1; Shan., § 7202al; Acts 1923, ch. 52, § 1; Code 1932, § 11766.)””

   1 later decision quote this exact passage · from the majority
   e.g. State ex rel. Crumpler v. Henderson

3. ““(8) After a careful reading of the Code sections above set out, we are of opinion that the indeterminate sentence law does not apply to capital offenses of murder and rape. The punishment prescribed for rape is almost identical with the punishment prescribed for murder. We do not think the Legislature had in mind capital offenses when it passed the indeterminate sentence law. This being our view of the matter, the expressions in Wright v. State, supra; Adams v. Russell, supra [ 179 Tenn. 428 , 167 S.W.2d 5 ], and Coursey v. State, supra, are disapproved, and we hold that the indeterminate sentence law does not apply to the offenses of rape and murder.””

   1 later decision quote this exact passage · from the majority
   e.g. State ex rel. Crumpler v. Henderson