Booker v. Wingo’s Empirical Analysis

Citation profile

1 federal appellate · 5 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““But it is recognized that there are exceptions. It was held, in the case of Banks v. Searles, 2 McMul. 356 , that a note given in part as compensation and partly to compromise a prosecution for assault and battery is not void, the consideration being adequate to sustain the action. In that case, Judge O’Neall said: ‘There is in every assault and battery a public offense and a civil injury. The ‘compensation’ of the latter has always been recognized by the imposition of a much less punishment when it has been made.’ There is also a civil injury in larceny, and we do not clearly see why the same principle should not apply to it, at least to the extent of ‘compensation’ for the property appropriated. “Assuming, however, that the inducement was illegal, to the extent of the declaration of the defendant that he ‘would use his influence to have the prosecution stopped,’ does it necessarily follow that the whole transaction must be declared void ab initio? We do not think so. The plaintiff, under the advice of her friends, entered into the arrangement voluntarily. After the deed was executed and possession given, she acquiesced for over 18 months, and, in the meantime, the defendant had fully executed his part of the agreement. We concur with the referee and circuit judge that the plaintiff and defendant were in pari delicto, and that equity will not now, at her instance, declare the whole transaction void.””

   1 later decision quote this exact passage · from the majority
   e.g. National Bank of Savannah v. All

2. ““That contracts made solely on a compromise of indictments will, as a rule, be set aside.””

   1 later decision quote this exact passage · from the majority
   e.g. National Bank of Savannah v. All