Hudson v. State’s Empirical Analysis

Citation profile

3 federal appellate · 8 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 period of probation shall not exceed the maximum sentence of confinement which could be imposed upon such defendant, except that in a prosecution for and a conviction of the offense of abandonment, the trial court may suspend the service of the sentence imposed in the case upon such terms and conditions as it may prescribe for the support by the defendant of the child or children abandoned, respectively, during the minority of such child or children, respectively, and service of such sentence when so suspended shall not begin unless and until ordered by the court having jurisdiction thereof, after a hearing as in cases of revocation of probated sentences, because of the failure or refusal of the defendant to comply with the terms and conditions upon which service of such sentence was suspended____ Service of any sentence so suspended in abandonment cases may be ordered by the court having jurisdiction thereof at any time before such child or children, respectively, reach the age of 21 years ... after a hearing as hereinbefore provided and a finding by such court that the defendant has failed or refused to comply with the terms and conditions upon which service of such sentence was suspended by the court having jurisdiction thereof____ The sentencing judge shall not lose jurisdiction over any person placed on probation during the term of said probated sentence, and such judge is hereby empowered to revoke any or all of said probated sentence, rescind any or all of said sen”

   1 later decision quote this exact passage
   e.g. Hudson v. Deyton

2. “Although the payment of monthly child support was made a condition for the suspension of the sentence, it was not part of the sentence, but was, in addition to a moral obligation, a statutory duty under Code Ann. § 74-105 (Ga. L.1979, pp. 466, 492), which provides: “Until majority, it is the joint and several duty of each parent to provide for the maintenance, protection, and education of the child, except to the extent that the duty of one parent is otherwise or further defined by court order.” “It has been held that the requirement of periodical [support] payments is not, strictly speaking, in the nature of a penalty, but that it is merely the enforcement of a legal obligation by summary process, and that it cannot be imposed as a penalty or punishment, since the purpose of the order is to secure a reasonable allowance for the wife’s support.” 42 CJS Husband and Wife 304, § 643. “Since an order entered in a prosecution for abandonment is not a final order ..., modification of an order for periodical payments in favor of the wife, either by increase, decrease, or total discontinuance, is within the discretion of the court, and such order will be modified when the financial conditions of the parties change or other proper reasons exist.” 42 CJS Husband and Wife 306, § 644, citing, inter alia, Esenwein v. Com. of Pa. ex rel. Esenwein, 325 U.S. 279 , 65 S.Ct. 1118 , 89 L.Ed.2d 1608 , 157 A.L.R. 1396 .”

   1 later decision quote this exact passage
   e.g. Hudson v. Deyton