Midland v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘To authorize a life sentence, the previous convictions, sentences and imprisonments must be described specifically, and the jury must find that the defendant was convicted, sentenced and imprisoned in the instances described and not otherwise.’ Kelley v. State (1933), 204 Ind. 612, 616 , 185 N. E. 453, 455 ; Barr v. State (1933), 205 Ind. 481, 485 , 187 N. E. 259 ; Midland v. State (1943), 220 Ind. 668, 670 , 46 N. E. 2d 200 .””

   2 later decisions quote this exact passage
   e.g. Shutt v. State · 151 Ind. App. 544 - Lewis v. State

2. ““. . . the indictment or affidavit shall allege that the defendant has been previously twice convicted, sentenced and imprisoned in some penal institution, for felonies, describing each separately. . . .” (Our Italics).”

   2 later decisions quote this exact passage
   e.g. Johnson v. State · Shutt v. State

3. ““. . . It is necessary, in order to properly advise appellant of the offense charged, to allege the previous felony of which he was convicted, with the time, place, and judgment. Failure to allege the previous conviction with sufficient certainty renders the charge subject to the motion to quash the second count of the affidavit.””

   1 later decision quote this exact passage
   e.g. Shutt v. State