Clipper v. State’s Empirical Analysis
1983
Citation profile
47 state decisions
How this case has been cited
Cited by 53 later decisions (2 by the Supreme Court) — most recently June 2012 · most notably Carchman v. Nash New Jersey Department of Corrections (1985), Maus v. State (1987)
47 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 Morrissey v. Brewer · United States v. DiFrancesco · Moody v. Daggett · Miller v. Haynes · 418 So. 2d 1277 - Chang v. State
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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Probation is by definition conditional; therefore, the defendant is on notice that breaching those conditions may lead to the reinstatement of his original sentence. That original sentence is the only true punishment; the probation revocation is merely the withdrawal of favorable treatment previously accorded the defendant.”
2 later decisions quote this exact passage · from the majority“a closer examination of the evils the IAD was intended to address indicates that the most fundamental problem with detainers is not present in the probation revocation setting. ... the first disadvantage to a prisoner facing an untried complaint is that because he is in custody, he cannot seek witnesses or preserve his defense. In analyzing this issue, other jurisdictions have pointed to the problems inherent in this situation as the primary reasons for the IAD. For instance, in Suggs v. Hopper, 234 Ga. 242 , 215 S.E.2d 246, 247 (1975), the Georgia court noted that “[t]he purpose of the statute [IAD] is to insure speedy trial on pending charges before staleness and difficulty of proof set in.” This purpose would not be served by applying the IAD to the probation revocation situation, which does not involve a complex trial with its attendant dangers if delayed. The probation revocation hearing usually involves a rather limited inquiry by the trial judge, exercising his sound discretion, focusing on whether the defendant has been convicted for another offense or whether he has failed to comply with a specific condition of probation. The problems of proof, staleness of evidence, and loss of memory caused by time are factors encountered in a trial that may affect due process in criminal prosecutions, but they are not significant concerns in a probation revocation hearing. Although some of the adverse consequences experienced by the prisoner while incarcerated subject to a detaine”
1 later decision quote this exact passage · from the majoritye.g. Edge v. State“the detainer involved herein was not based on any “untried indictment, information or complaint”; instead, it was based on a probation violation capias____ We interpret the terms “untried” and “complaint,” as used in the Compact, as being synonymous with, or at least in the nature of, an untried indictment or information, since some jurisdictions use the term “complaint” in lieu of the terms “indictment” or “information.” The term “untried” refers to matters which can be brought to a full trial. In a probation revocation proceeding the trial has already been held, and the defendant has been convicted. In such a hearing, the defendant comes before the court in a completely different posture than he does at his trial before conviction.”
1 later decision quote this exact passage · from the majoritye.g. Edge v. State
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.