241 Mo. App. 727 - Weber v. Mosley’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The interests of both the defendant and society must be protected, and while the defendant has guaranteed to him a speedy and fair trial, yet when he has been legally convicted and his punishment assessed, society cannot be deprived of the protection guaranteed to it by the speedy and certain punishment of offenders against its laws except for some valid reason. We do not think that mere delay in the infliction of the punishment assessed is a sufficient reason for relieving the convicted party from the consequences of a judgment against him, unless the delay has been so great that society could derive no good from its enforcement; but when such delay has occurred without the fault of defendant, although with his consent, we should have no hesitancy in refusing to enforce the judgment. * * * [B]ut punishments are inflicted solely for the protection of society, and when the execution has, without the fault of defendant, been so long delayed that society can no longer have any interest in its enforcement, there would seem to be no good reason why its enforcement should be insisted upon. [Cites omitted]."”

   1 later decision quote this exact passage
   e.g. 149 So. 2d 574 - State Ex Rel. Shotkin v. Buchanan

2. ““In still others, [cases where the accused has not been promptly confined under the judgment of the court] after conviction is affirmed by the appellate court (defendant having been out on bond pending appeal) a delay occurs in taking him into custody, and the question arises whether the period of the delay is to be credited on the sentence. Ex parte Underwood, 94 Tex.Cr.R. 157 , 248 S.W. 551 ; Ex parte Volker, 120 Neb. 508 , 233 N.W. 890 , 72 A.L.R. 1267 ; People ex rel. Kelly v. Ragen, 392 Ill. 423 , 64 N.E. 2d 872 ; Ex parte Hill, 86 Okl.Cr. 318 , 192 P.2d 849 . “In all of these cases the courts have denied the petitioner’s application for release on habeas corpus, and have required the prisoner to serve his term notwithstanding the delay.””

   1 later decision quote this exact passage
   e.g. Ex Parte Francis