Kirtley v. State’s Empirical Analysis
1949
Citation profile
54 state decisions
How this case has been cited
Cited by 54 later decisions — most recently January 2019 · most notably Burton v. Municipal Court (1968), Sumpter v. State (1974)
54 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 Olsen v. State of Nebraska Western Reference & Bond Association · Tyson & Brother v. Banton · Louis Liggett Co v. Baldridge · Ribnik v. McBride · Tyson Bro-United Theatre Ticket Offices v. Banton
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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“However, the personal liberty clause, Art. 1, § 1 of the Constitution of Indiana, ..., is regarded as an unalienable right and a privilege not to be restricted except perhaps by a proper exercise of the police power of the state, (citations omitted) Liberty as used in the constitution not only means freedom from servitude and restraint, but embraces the right of every one to be free in the use of their powers in the pursuit of happiness ... subject only to the restraints necessary to secure the common welfare. The privilege of contracting is both a liberty and a property right and is protected by the constitution of both the state and nation. (Emphasis supplied.)”
2 later decisions quote this exact passage““ ‘The limit to such legislation has been well stated thus: “If the law prohibits that which is harmless in itself, or requires that to be done which does not tend to promote the health, comfort, morality, safety or welfare of society, it will be an unauthorized exercise of power, and upon proper presentation it is the duty of the courts to declare it [such a law] void.” ’ ””
2 later decisions quote this exact passage“WE DECLARE, that all people are created equal; that they are endowed by their CREATOR with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness; that all power is inherent in the people; and that all free governments are, and of right ought to be, founded on their authority, and instituted for their peace, safety, and well-being. For the advancement of these ends, the people have at all times, an indefeasible right to alter and reform their government.”
1 later decision quote this exact passagee.g. Doe v. O'CONNOR
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.