State v. Shilinsky’s Empirical Analysis

Citation profile

28 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““But a sentence of the kind pronounced against the-.: «defendant on April 11 would have had no. validity and would not have prevented a later proper sentence, even though it had been properly recorded in the judgment docket. This is for th.'a reason that it did not accord with the sentence provided by the Iowa statute for the offense of which the defendant was convicted.- * * “The defendant urges that he had begun to- serve the first sentence before the second one was, imposed, and that the court had lost jurisdiction. This would not be true if no judgement of the court had been rendered, because the supposed senteuice had not been spread upon the official judgment record. Nor "mould it be correct for another vital reason apparent here. The first sentence was void at all times because not permitted by the sfis itutes.””

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

2. ““* * * it is well established that imposition of a sentence at variance with the statutory requirements is a ‘void act’. Such a sentence may be superseded by a new sentence in conformity to the provisions of the statute. It is no hindrance that the correction—even when it entails a greater punishment—occurs after sentence has been partially served or after the term of ■ court has expired * *”

   1 later decision quote this exact passage
   e.g. Frazier v. Langlois