Ex Parte Seidel’s Empirical Analysis

Citation profile

43 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a] trial court may have jurisdiction to act over a case, yet lack authority to act in a particular manner over that case.... Lack of authority to act in a particular manner may render the judgment either void or voidable depending on the type of the error, however. Unauthorized acts (or errors) can be characterized as either “illegal” or “irregular.” ... “Illegal acts” are defined as “acts that are not authorized by law.” ... On the other hand, “irregular acts” are defined as “acts or practices that vary from the normal conduct of an action.” ... While a judgment is merely “voidable for irregularity,” it is “void for illegality.” 5”

   2 later decisions quote this exact passage · from the majority
   e.g. Roderick Nash v. State · Puente v. State

2. “Although the word "jurisdiction” has a broad meaning in common parlance, and is often used as a synonym for "authority” even in legal writing, it is traditionally considered in the law to identify a much more specific kind of power. A court's jurisdiction is comprised generally of its authority to render a particular kind of judgment (such as an order of commitment or a judgment for money damages) in some kind of disputes (such as felony criminal prosecutions or personal injury lawsuits) between certain classes of persons (such as everyone present within the state or within a subdivision of the state). There are, of course, many other nonjurisdictional aspects of litigation in which the conduct of a court is controlled by law. Sometimes, when the court’s conduct violates one of these laws, especially a law which seems "mandatory” on its face, it is common to say that the court did not have authority to act as it did. But it is a mistake to say that the court was without jurisdiction in the matter.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Moore

3. “When a defendant has been detained in custody or held to bail for his appearance to answer any criminal accusation before the district court, the prosecution, unless otherwise ordered by the court, for good cause shown, supported by affidavit, shall be dismissed and the bail discharged, if indictment or information be not presented against such defendant on or before the last day of the next term of the court which is held after his commitment or admission to bail or on or before the 180th day after the date of commitment or admission to bail, whichever date is later.”

   1 later decision quote this exact passage · from the majority
   e.g. Blumenstetter v. State