Lenser v. McGowan’s Empirical Analysis

Citation profile

21 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Various acts have been passed by Congress over the years to protect servicemembers who suffer adverse effects in defending or prosecuting cases. However, that relief afforded against adverse effects may not be used to gain an advantage, or in other words, may not be used as a sword. See, e.g., Louis, J. [v. Superior Court, 103 Cal.App.4th 711 , 127 Cal.Rptr.2d 26 (Cal.App.4th 2002)], supra. The idea is to relieve servicemembers from disadvantages arising from military service, not to provide advantages by reason of military service. [The child's father] seeks an advantage over [the child's mother] in arguing that the circuit court and [the child's mother] are precluded from even raising the issue of temporary custody because [the child] happened to be with [the father's] mother when the stay was entered. Had [the child] perchance been with [the child's mother] when the stay was entered, it is doubtful [the child's father] would be arguing as he does presently. To accept [the] argument [of the child's father] would create an environment in which a servicemember could always gain custody by simply making sure the child is staying with the servicemember when the stay is requested. That would provide servicemembers an advantage rather than protect against adverse affects. The circuit court stayed the domestic relations case until [the] return [of the child's father], but that does not put [the child] in suspended animation. His life goes on, and the circuit court properly enterta”

   1 later decision quote this exact passage
   e.g. Whittaker v. Dixon

2. “Certiorari lies to correct proceedings erroneous upon the face of the record when there is no other adequate remedy. Certiorari is available in the exercise of this court’s superintending control over a tribunal which is proceeding illegally where no other mode of review has been provided. However, certiorari may not be used to look beyond the face of the record to ascertain the actual merits of a controversy, to control discretion, to review a finding upon facts or review the exercise of a court’s discretionary authority. Certiorari is appropriate where a party claims that a lower court did not have jurisdiction to hear a claim or to issue a particular type of remedy.”

   1 later decision quote this exact passage
   e.g. Allen v. Circuit Court of Pulaski County, Ninth Division

3. “to devote their entire energy to the defense needs of the Nation.”

   1 later decision quote this exact passage
   e.g. Carmicheal v. Rollins