33 Cal. 3d 267 - In Re Kelly’s Empirical Analysis
1983
Citation profile
1 federal appellate · 57 state decisions
How this case has been cited
Cited by 58 later decisions — most recently March 2016 · most notably 33 Cal. 3d 805 - In Re Atiles (1983), 42 Cal. 3d 308 - People v. Jordan (1986)
1 federal appellate · 57 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 22 Cal. 3d 658 - Judson Steel Corp. v. Workers' Compensation Appeals Board · Bodinson Manufacturing Co. v. California Employment Commission · 6 Cal. 3d 132 - Rivera v. City of Fresno · 12 Cal. 3d 562 - People v. Cruz · 19 Cal. 3d 491 - Wilkinson v. Workers' Compensation Appeals Board
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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In the case of any person convicted of one or more felonies committed while the person is confined in a state prison, or is subject to reimprisonment for escape from such custody and the law either requires the terms to be served consecutively or the court imposes consecutive terms, the term of imprisonment for all the convictions which the person is required to serve consecutively shall commence from the time such person would otherwise have been released from prison. If the new offenses are consecutive with each other, the principal and subordinate terms shall be calculated as provided in subdivision (a), except that the total of subordinate terms may exceed five years. The provisions of this subdivision shall be applicable in cases of convictions of more than one offense in different proceedings, and convictions of more than one offense in the same or different proceedings.”
1 later decision quote this exact passage“the 1977 amendment did not intrinsically change the phrase referring to reimprisonment after escape, which now reads: `... and including any reimprisonment after escape from such incarceration.' The only difference is that this phrase is no longer interrupted by the parole revocation wording. There is no qualifying phrase such as `which is not accompanied by a new prison commitment to prison.' ... It is obvious ... that the Legislature intended to differentiate between the escape and parole situations (and amend one and not the other).”
1 later decision quote this exact passage“A continuous completed period of prison incarceration imposed for the particular offense alone or in combination with sentences for other counts or sentences to be served concurrently or consecutively therewith including any reimprisonment on revocation of parole or new commitment for escape from such incarceration shall be deemed a single prior separate term for the purposes of this section.”
1 later decision quote this exact passage
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.