Mahan v. Buchanan’s Empirical Analysis

Citation profile

3 federal appellate · 14 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We note under KRS 439.150 [now KRS 439.342, 439.346, and 439.348] above, that the parolee is at all times during the continuance of the parole in the legal custody of the Department. Mahan was already in the legal custody of the Department. The mere fact that he was rearrested does not change that status. Habeas corpus lies where persons are held in custody illegally.” “ ‘The prisoner who has been paroled and has subsequently been rearrested under a warrant by the board is not illegally detained in custody.’ ””

   2 later decisions quote this exact passage · from the majority
   e.g. Brown v. Department of Welfare, Division of Probation & Parole · Wingo v. Lyons

2. “A parole, especially such as is contemplated by most statutes providing therefor, is distinguishable from a pardon and from a conditional pardon. The parole intended by most of these statutes does not end the sentence, and, whatever may be the theory of a parole on general principles, those granted under some statutes do not even suspend the sentence. The prisoner is not a free man while out on parole, and he continues to serve time on his sentence until the expiration thereof. Parole statutes simply provide for a different manner of serving a sentence than by confinement in a prison. A power to pardon is something more than a power to parole or a power to release from servitude.”

   1 later decision quote this exact passage · from the majority
   e.g. Rose v. Haskins