United States v. Gonware’s Empirical Analysis
415 F.2d 82 · 1969
Citation profile
33 federal appellate · 8 state decisions
How this case has been cited
Cited by 47 later decisions — most recently January 2011 · most notably United States v. Plechner (1978), United States v. Parr (1979)
33 federal appellate · 8 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
Applies 18 U.S.C. § 495
Relies on Walton v. United States · United States v. Widen · Heine v. United States · Palermo v. United States
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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“. it is a common practice in the federal courts as well as the state courts, for defendants to request and for courts to grant short stays of execution of sentence to allow defendants to put their affairs in order before they start to serve their sentence. Even a bail bond broker would not expect the defendant to pay for an additional bond during . [a short, reasonable] stay of execution. Given this widespread practice, it is reasonable that the parties to this bail bond intended that the surety would remain liable during a reasonable stay of execution of the sentence.”
3 later decisions quote this exact passage · from the majority“(l)ike any other contract a bail bond should be construed to give effect to the reasonable intentions of the parties.”
3 later decisions quote this exact passage · from the majority““Although the bond does not expressly cover the subject of stays of execution, the bond does require the defendant to appear in court in accordance with ‘all orders and directions of the Court’ relating to the appearance of the defendant before the court, ‘or wherever prosecution may be ordered’. ‘Prosecution’ may be defined as ‘the following up or carrying on of an action or suit already commenced until the remedy be attained * * *.’ Lupton v. Chase Nat. Bank of City of New York, 89 F.Supp. 393, 397 (D.D.C.1950). Prosecution is not completed in a criminal case until the defendant begins to serve his sentence. Until he begins serving his sentence, a court may modify, or change, the sentence. Pence v. United States, 219 F.2d 70 (10 Cir. 1955); Walton v. United States, 92 U.S. App.D.C. 26, 202 F.2d 18 (1953). Thus, during the defendant Gonware’s stay of execution of the sentence, he was still subject to the condition in the bond requiring him to appear ‘wherever prosecution may be ordered’. His failure to report to the Marshal as ordered by the Court, breached this condition.” ( 415 F.2d 82, 84 ) Emphasis supplied.”
2 later decisions quote this exact passage · from the majority
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.