4 Ill. 2d 38 - People v. Shambley’s Empirical Analysis

Citation profile

3 federal appellate · 33 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Examination of authorities, many of which are cited in the recent case of Village of Avon v. Popa, 96 Ohio App. 147 , 121 N.E.2d 254 , also discloses conflicting results in other jurisdictions, with the majority view being that the right to review is waived where a fine is voluntarily paid. It is our conclusion, however, that the contrary view is the more just and reasonable, such a conclusion being supported in principle by the statement of Mr. Justice Holmes in Commonwealth v. Fleckner, 167 Mass. 13 , 44 N.E. 1053 , wherein he said: `We should be slow to suppose that the legislature meant to take away the right to undo the disgrace and the legal discredit of a conviction * * * merely because a wrongly convicted person has paid his fine or served his term.'" People v. Shambley, 4 Ill.2d 38 , 122 N.E.2d 172 (1954).”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Superior Court of Maricopa County · State v. Snyder

2. “"We no longer subscribe to the foregoing language or language of similar import in other cases, and expressly disavow the same. We find nothing in 49 C.J.S. [Judgments § 577, p.] 1058, cited as authority for the foregoing conclusions, which deals in any manner with the question of appeals. "We do not find the law `well settled' that one who has paid a judgment has lost his right to appeal. On the contrary, we find the `better rule' is stated in 4 C.J.S. Appeal and Error § 214, page 638: "`According to other decisions, however, it is held to be the better rule that even a voluntary compliance with the judgment, order, or decree of the court by payment or performance, either before or after taking the appeal, is not necessarily a bar to an appeal or writ of error for its reversal, particularly where repayment or restitution may be enforced, or the effect of compliance may be otherwise undone, in case of a reversal, and where a statute permits an appeal without obtaining a stay. * * * It has further been held that it is immaterial whether or not the money paid can be recovered back, since the erroneous judgment is itself an injury from which the law will presume damages.'"”

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

3. ““* # * where two persons have equal rights to the use or occupation of premises, either may give consent to a search * ." People v. Shambley (1954), 4 Ill.2d 38, 42 .”

   1 later decision quote this exact passage · from the majority
   e.g. 5 Ill. App. 3d 778 - People v. Marino