Fonville v. McLaughlin’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The threshold question is the meaning of the word ‘convicted’ as used in Del. Const. Art. 2, § 21. We hold that, as used in this constitutional provision creating a disability of citizenship, the word is to be construed in its narrow sense: it consists of more than a verdict or a plea of guilty; it refers to a final judgment of conviction consisting of the adjudication of guilt by plea or verdict followed by the imposition of sentence. See Truchon v. Toomey, 116 Cal.App.2d 736 , 254 P.2d 638 (1953); People v. Fabian, 192 N.Y. 443 , 85 N.E. 672 .””

   2 later decisions quote this exact passage
   e.g. 94 Wash. 2d 802 - Kitsap County Republican Central Committee v. Huff · Slawik v. Folsom

2. ““ * * * The precise purpose intended by the General Assembly in the enactment of § 4332 (i) is difficult to comprehend. It does not require that all court records of the case against the successful probationer be destroyed; it calls only for the striking of ‘the plea or verdict of guilty entered by or recorded against’ him. This leaves unstricken and of record such documents and docket entries as the indictment or information, the fact of arraignment, the transcript of the trial, the evidence, the presentence report, the sentence, and the probation officer’s record. Obviously, if by § 4332 (i) the legislative intent was to obliterate all traces of the prosecution and conviction of the probationer, it failed to do so; and for that purpose the requirement that the guilty plea or verdict be stricken is meaningless. “It follows, we think, that the purpose of § 4332(i) is akin to that of a pardon: it forgives but it does not forget. *”

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

3. ““(i) If such offender fully complies with all of the terms and conditions of his recognizance and with all terms and conditions of his probation during the entire period prescribed by the court, the plea or verdict of guilty entered by or recorded against such offender shall be stricken from the records of the court.””

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