United States Ex Rel. Franklin Lanear, Relator-Appellant v. Hon. J. Edwin Lavallee, as Warden of Clinton State Prison, Dannemora, New York’s Empirical Analysis

Citation profile

14 federal appellate · 1 district · 9 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Only in form is LaNear’s complaint over what Missouri allegedly did; in every practical sense his grievance is over what New York is doing with what Missouri did. Missouri’s allegedly unconstitutional action against him had spent its force until New York made it a legal basis for increased sanctions of its own. * * * That the violation of due process in such cases is'by New York, not by the foreign state, is neatly demonstrated by the decisions permitting a prisoner to show that a Canadian conviction used as a basis for a multiple offender sentence was obtained by methods that would offend the Fourteenth Amendment if the judgment had been rendered by a state court, United States ex rel. Dennis v. Murphy, 265 F.2d 57 (2 Cir. 1959) ; Uñited States ex rel. Foreman v. Fay, 184’ F.Supp. 535 (S.D.N.Y.1960). The alleged violation of constitutional right •thus being New York’s and New York having' provided no method for questioning an out-state conviction used as á basis for a multiple-offender sentence, a New York prisoner challenging the validity of such a conviction on constitutional grounds may proceed di- ■ rectly in a Federal court. * * * ””

   2 later decisions quote this exact passage · from the majority
   e.g. United States ex rel. Pennise v. Fay · State v. Dalrymple

2. ““The appellant stressed the difficulty of the State in such a case as this in meeting an attack on the constitutionality of a conviction in a sister State, urging that to alleviate that burden the courts should adopt a drastic rule of evidence whereby clear and convincing evidence is required to support a finding of lack of due process. Obviously, it is a great burden for the State to find and bring on for hearing in New York witnesses, including official court personnel, from distant sister States. Also great is the burden of transporting a prisoner from New York to a distant State and there contest the validity of a conviction in the court in which it occurred. But the burden, we suggest, is an inescapable incident to legislation such as the New York Multiple Offender Law. To the extent that any State makes its penal sanctions depend in part on the fact of prior convictions elsewhere, necessarily it must assume the burden of meeting attacks on the constitutionality of such prior convictions. Constitutional guarantees should not be shorn of their vitality merely to facilitate the administration of a penal policy whereby the sentence on one conviction depends in part on a prior conviction. “The court helow ruled that the New York sentence under which the relator is presently detained was illegal in that it depended upon a prior conviction in Michigan which was unconstitutional: to that extent it sustained the writ. It ordered, however, that the relator be remanded pending pro”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Dalrymple

3. ““* * * New York provides no method for testing the validity of convictions of other sovereigns as a basis for New York sentences under its multiple offender law * *”

   1 later decision quote this exact passage · from the majority
   e.g. United States ex rel. Tucker v. Warden of City Prison