Hammers v. State’s Empirical Analysis
1977
Citation profile
38 state decisions
How this case has been cited
Cited by 38 later decisions — most recently February 2010 · most notably Foote's Dixie Dandy, Inc. v. McHenry (1980), Johnson v. Johnson (2000)
38 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Jackson v. Denno · Kastigar v. United States · Murphy v. Waterfront Commission of New York Harbor · Johnson v. Railway Express Agency, Inc. · United States v. Carter
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is only appropriate that an accomplice who, under an agreement with the prosecuting attorney, approved by or made known to the court, that he should be immune from prosecution, testified fully and truthfully as to the whole matter charged, be vested with an equitable right to the entry of a nolle prosequi or appropriate clemency. [Citations omitted.] Clearly a promise of immunity approved by, or with the consent of, the court, should be upheld. ***”
2 later decisions quote this exact passagee.g. Noland v. State · State v. Johnson“[D] etermination of a claimant’s equitable entitlement to immunity, when opposed by the prosecuting attorney, should lie within the sound judicial discretion of the trial court, which should see that the public faith pledged by the public prosecutor, in the furtherance of justice, is kept by giving due regard to promises and inducements made and held out by him, when the claimant has fulfilled his agreement in good faith. It is appropriate to consider the extent of the claimant’s performance of the bargain. In doing so, it should be remembered that the primary purpose of the exchange is to facilitate the prosecution of crime, not to grant immunity.”
1 later decision quote this exact passagee.g. Tabor v. State“Although the state is not estopped by the unauthorized act of its agent, [citations omitted] appellant should be equitably entitled to have her agreement with the prosecutor enforced if she complied with its terms in good faith and made a full, fair, free and candid disclosure of all facts pertaining to the crime charged, even though that requires barring her prosecution for the crimes. Hammers v. State, supra, at 600.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.