Huff v. McLarty’s Empirical Analysis
1978
Citation profile
20 state decisions
How this case has been cited
Cited by 20 later decisions — most recently June 2015
20 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 Indiana Real Estate Commission v. Satoskar · Mayor &C. of Athens v. Gamma Delta Chapter House Corp. · Etheridge v. Poston · Buice v. Bryan · 127 Ga. App. 853 - Hinton v. State
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A sentence is not voided because of the state's delay in attempting to enforce it. Etheridge v. Poston, 176 Ga. 388 ( 168 SE 25 ) (1933). This appears to be a prevalent rule. E.g., Exparte Grouch, 29 Okla. Crim. 343 ( 233 P 780 ) (1925); Miller v. Evans, 115 Iowa 101 ( 88 NW 198 ) (1901). Of course, there is some point at which a state's unreasonable delay will be deemed to prevent later enforcement of the sentence. E.g., Yates v. Buchanan, 170 S2d 72 (Fla. App. 1965). Where the state makes no move to initiate the sentence, the defendant must offer himself up if he wishes the term to begin to run. Moreover, an offer which is premature because the sentence may not yet be put into effect is ineffective and may not be deemed continuing. E.g., Dixon v. Beaty, supra, 188 Ga. at 690-691. The defendant's offer must come at a time when the sentence may lawfully be put into effect. See Crosby v. Courson, 181 Ga. 475 ( 182 SE 590 ) (1935); Etheridge v. Poston, supra. See generally Annot., Effect of Delay in Taking Defendant into Custody after Conviction and Sentence, 98 ALR2d 687 (1964).”
1 later decision quote this exact passage“... In cases which are appealed to the Georgia Court of Appeals or the Georgia Supreme Court for reversal of the conviction, [a criminal] sentence shall be computed from the date the remittitur of the appellate court is made the judgment of the court in which the conviction is had, provided the defendant is not at liberty under bond but is incarcerated or in custody of the sheriff of the county where convicted. . . .”
1 later decision quote this exact passage
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.