Tucker v. Peyton’s Empirical Analysis
357 F.2d 115 · 1966
Citation profile
30 federal appellate · 1 district · 10 state decisions
How this case has been cited
Cited by 61 later decisions — most recently April 2020 · most notably Ganger v. Peyton (1967), Rowe v. Peyton (1967)
30 federal appellate · 1 district · 10 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 Jones v. Cunningham · Darr v. Burford · McNally v. Hill · Commonwealth Ex Rel. Stevens v. Myers · Nathan Thomas v. W. K. Cunningham, Jr., Superintendent of the Virginia State Penitentiary
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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“* * * that if the third offender recidivist conviction is invalid, as is now conceded for purposes of this proceeding, service of the first escape sentence must be advanced to the expiration in service of the 1956 sentence for breaking and entering, but not earlier than the date of imposition of the escape sentence. Service of the second escape sentence would begin after service of the first, but not before the second was imposed. (Emphasis added)”
2 later decisions quote this exact passage · from the majority“No one suggests that Tucker should be given current credit for the time he served as a ... recidivist. All that is involved is the computation of his obligation of service after 1956 with the elimination of invalid sentences.”
1 later decision quote this exact passage · from the majority“justify postponement in service of a valid sentence on the basis of an earlier invalid one.”
1 later decision quote this exact passage · from the majoritye.g. Thacker v. Peyton
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.