Sutton v. State’s Empirical Analysis

Citation profile

3 federal appellate · 10 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. ““It is first argued that the court had no power after more than nine years, to vacate or set aside the judgment and sentence, since the term of court at which the court had such authority had long ago expired. Clouser et al. v. Mock, (1959), 239 Ind. 143 , 155 N. E. 2d 745 . “However, it is our opinion that the case cited is not applicable since here, by appellants’ own petition, they invoked the court’s jurisdiction under the provisions of the Indiana Supreme Court Rule 2-40B by asking the court to reconsider the sentence and make corrections therein. This application gave the court the right, in our opinion, upon appellants’ application, to make what the court considered a correct modification or change in the sentence and judgment under Indiana Supreme Court Rule 2-40B.””

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

2. ““Correction of Sentence. Whenever it shall appear from the indictment or affidavit and final judgment in any criminal cause that an erroneous sentence has been imposed by the trial court, the defendant in such cause may at any time petition the trial court to correct retroactively such judgment to conform to the term of imprisonment specified in the applicable statute upon proper notice (by serving a copy of the petition in person or by mail) upon the prosecuting attorney of the circuit and the attorney general of Indiana. An appeal may be taken to the Supreme Court from a final order granting or denying said petition under the same rules and conditions as provided in Rule 2-40 and 2-40A of this Court.” (Emphasis added.)”

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

3. ““Auto banditry consists of the commission or attempted commission of a felony having at or near the place an automobile for the purpose of escaping, etc.; yet a felony includes murder, and although one may be charged with auto banditry in the commission of a murder and found guilty of both murder and auto banditry, certainly it would be absurd to contend that the offense of murder is a 'lesser’ included offense in auto banditry. In such a case, the court must sentence the defendant to the greater offense, namely murder.””

   1 later decision quote this exact passage
   e.g. 171 Ind. App. 33 - Sansom v. State