State v. Pardon’s Empirical Analysis

Citation profile

92 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 92 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ 'The rule is, not that the punishment cannot be changed, but that it cannot be aggravated.’ State v. Kent, 65 N.C. 311, 312 ; 16 Am. Jur. 2d Constitutional Law §§ 400, 403 (1964). See Sekt v. Justice’s Court, 26 Cal. 2d 297 , 159 P. 2d 17 ; 167 A.L.R. 833 . The legislature may always remove a burden imposed upon citizens for State purposes. And, when this occurs pending an appeal, absent a saving clause, a manifest legislative intent to the contrary, or a constitutional prohibition, the appellate court must give effect to the new law. State, use of Mayor & C. C. of Balto., vs. Norwood, et. al., 12 Md. 195 . See State v. Williams, 45 Am. Dec. 741 (S.C.), 2 Richardson’s Law 418; Moorehead v. Hunter, 198 F. 2d 52 (10th Cir.) (habeas corpus proceeding). Since the judgment is not final pending appeal ‘the appellate court must dispose of the case under the law in force when its decision is given, even although to do so requires the reversal of a judgment which was right when rendered.’ Gulf, Col. & S. F. Ry. v. Dennis, 224 U.S. 503, 506 , 56 L. Ed. 860, 861 , 32 S. Ct. 542, 543 . An amendatory act which imposes a lighter punishment can be constitutionally applied to acts committed before its passage. In re Estrada, supra. After a defendant, who did not appeal, has begun serving his sentence, a change or repeal of the law under which he was convicted does not affect his sentence absent a retrospective provision in the statute. ...””

   4 later decisions quote this exact passage
   e.g. Schuler v. State · State v. Hart

2. ““Statutes are frequently adopted which change the degree and kind of punishment to be imposed for a criminal act. Where the punishment is increased, and the old law is not expressly or impliedly repealed by the new, which is prospective only in its application, punishment will be imposed under the prior law. (Citations omitted.) Any statutory attempt to increase the punishment of a crime committed before its enactment is of course, invalid as ex post facto legislation. (Citations omitted.) . . . The rule is, not that the punishment cannot be changed, but that it cannot be ag gravated.” (Citations omitted.) (Emphasis in original.) Id. at 75-76 , 157 S.E. 2d at 701 .”

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

3. “1st. Every law that makes an action done before the passing of the law; and which was innocent when done, criminal; and punishes such action. 2d. Every law that aggravates a crime, or makes it greater than it was, when committed. 3d. Every law that changes the punishment, and inflicts a greater punishment, than the law annexed to the crime, when committed. 4th. Every law that alters the legal rules of evidence, and receives less, or different testimony, than the law required at the time of the commission of the offense, in order to convict the offender.”

   1 later decision quote this exact passage
   e.g. 197 N.C. App. 461 - State v. Bare