State v. Mathis’s Empirical Analysis
1998
Citation profile
23 state decisions
How this case has been cited
Cited by 23 later decisions — most recently December 2016
23 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 Stack v. Boyle · Taylor v. Taintor · State v. Morgan · Reese v. United States · State v. Mobley
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“based on the underlying source of the bondsman’s authority to recapture the principal which derives from the contractual relationship between the surety and the principal. Essentially, the bond agreement provides that the surety post the bail, and in return, the principal agrees that the surety can retake him at any time, even before forfeiture of the bond. By entering into the contract, not only does the principal voluntarily consent to be committed to the custody of the surety, but under common law, he also implicitly agrees that the surety or the surety’s agent may break and enter his home and use reasonable force in apprehending him. The contract establishes the surety’s and bondsman’s right of recapture as private in nature, with the understanding that the government will not interfere. Thus, this common law right of recapture established that seizure of the principal by the surety is technically not an “arrest” at all and may be accomplished without process of law.”
3 later decisions quote this exact passage“the door should not be opened on demand at midnight, the bail may break it down, and take the principal from his bed, if that measure should be necessary”
1 later decision quote this exact passagee.g. People v. Oram
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.