Bailey v. State’s Empirical Analysis

Citation profile

1 district · 27 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. “". . . the Uniform Criminal Extradition Act does provide certain safeguards in the procedure by requiring the presentation of certain certified papers as to the existence of a valid charge against the fugitive in the demanding state. We may ask what right has the governor of the asylum state to review the issue of probable cause in the demanding state? In accordance with the Uniform Criminal Extradition Act and principles of comity, we must leave the resolution of that issue to the judiciary of the demanding state. We note that the demanding governor's warrant is signed, sealed, and contains a recital of the facts together with a certified copy of the charge against the fugitive. We find that the procedures employed here are in compliance with applicable constitutional provisions. It must be remembered that under the Uniform Criminal Extradition Act, the only issue for the governor of the asylum state is the identity of the fugitive. No inquiry may be made into the merits of the criminal charge or whether there is probable cause for the initiation of criminal proceedings in the demanding state. Those are all evidentiary issues to be heard and tried in the demanding state, not in a foreign jurisdiction.. . ."”

   2 later decisions quote this exact passage
   e.g. Commonwealth Ex Rel. Marshall v. Gedney · Wellington v. State

2. ““The Appellant contends that his original arrest and detention was illegal and invalidates the present right of the sheriff to detain him. However, in our opinion what took place with reference to the original arrest had no significance or relevancy for the reason that thereafter the Governor of the State of Indiana issued a warrant for the arrest of the Appellant pursuant to a valid request for extradition by the Governor of Ohio. The validity of the arrest made under that warrant cannot be impeached by any actions of the sheriff prior thereto. We need not, therefore, determine the legality or illegality of the act of the sheriff prior to the time the warrant was issued by the Governor to extradite the appellant. An illegal arrest does not vitiate the jurisdiction of a criminal court. Bryant v. State (1972), 257 Ind. 679 , 278 N.E.2d 576 ; Holguin v. State (1971), 256 Ind. 371 , 269 N.E.2d 159 ; Smith v. State (1957), 237 Ind. 244 , 143 N.E.2d 408 ; 22 C.J.S. Criminal Law Sec. 144 at 382-384 (1961).””

   1 later decision quote this exact passage
   e.g. Holland v. Hargar

3. ““The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as above provided shall have been presented to the governor, except as it may be involved in identifying the person held as the person charged with the crime.” See also, Bailey v. Cox (1973), 260 Ind. 448 , 296 N.E.2d 422 .”

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