Moeller v. Solem’s Empirical Analysis
1985
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently December 2009
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 Sibron v. State of New York Peters · Carafas v. J · Danner v. Hass · 71 Wis. 2d 112 - State Ex Rel. Renner v. Department of Health & Social Services · State v. Goodrich
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The statutes relating to habeas corpus clearly contemplate that an applicant is not entitled to the benefit of a writ unless he is imprisoned or restrained of his liberty. SDCL 21-27-1 provides that any person “committed or detained, imprisoned or restrained of his or her liberty, under any color or pretense whatever” may apply for a writ of habe-as corpus. SDCL 21-27-3 requires that an applicant for writ shall set forth the facts “concerning his detention and in whose custody he is detained.” SDCL 21-27-16 provides that if on return it appears that “the applicant is in custody by virtue of process from any court legally constituted” he can be discharged only for one or more of the causes therein specified.”
1 later decision quote this exact passagee.g. Hanson v. Bean“In keeping with our decision in Painter, [ 85 S.D. 156 , 179 N.W.2d 12 (1970)], we hold that, inasmuch as appellant is neither committed, detained, imprisoned, nor otherwise restrained of his liberty, the appeal is moot and it is unnecessary to consider the merits of this appeal.”
1 later decision quote this exact passagee.g. Moeller v. Solem“'should not hear any appeal on the assumption that the defendant will commit another crime and be imprisoned again, nor should it set the stage for easier parole for him if he does commit another crime.'”
1 later decision quote this exact passagee.g. Moeller v. Solem
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.