State v. Mooneyham’s Empirical Analysis

Citation profile

4 federal appellate · 2 district · 22 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Our statute, G. S. 1949, 62-1701, giving a defendant the right of appeal as a matter of right from a judgment against him, is clearly for his benefit and such right may be waived by him through acquiescence in the judgment (Wilhite v. Judy, 137 Kan. 589, 590 , 21 P. 2d 317 ; In re Bair, 166 Kan. 228 , 199 P. 2d 807 ; State v. Morse, 191 Kan. 328, 330 , 380 P. 2d 310 ), or failure to perfect the appeal in the time and manner prescribed. It has been held that a waiver will be implied from any act on the part of the accused inconsistent with an intention to take an appeal, except in capital cases or where the punishment is life imprisonment. (State v. Miller, 165 Kan. 228 , 194 P. 2d 498 ; State v. Wilson, 187 Kan. 486 , 357 P. 2d 823 ; 24 C. J. S., Criminal Law, § 1668, p. 1047.) Likewise, the right to appeal may be waived by pursuing an alternative remedy, although the relief sought by the accused is discretionary with the court and its order of refusal cannot be appealed. (4 Am. Jur. 2d, Appeal and Error, § 270, p. 764.) “The defendant recognized the validity of the judgment when he sought affirmative relief from serving the sentence imposed. By voluntarily making application for parole he thereby waived any alleged trial errors and acquiesced in the judgment. The rule of acquiescence rests upon the recognition of the judgment as valid. This recognition is shown by partial as well as full compliance. A defendant cannot yield obedience to a judgment and afterwards appeal from”

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

2. ““When a defendant in a criminal action, following conviction and sentence in the district court and the overruling of his motion for a new trial, voluntarily makes application to the district court for a parole (to be released on probation, or for suspension of the execution of the sentence imposed), he thereby recognizes the validity of the judgment and acquiesces therein, which renders the judgment unassailable and precludes appellate review of the conviction.” (syl.)”

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