Goodwin v. Page’s Empirical Analysis

Citation profile

7 federal appellate · 1 district · 5 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Goodwin was sentenced to life imprisonment on the 1936 murder conviction. He was paroled in 1961, and while on parole, committed the crime of robbery. His parole was revoked in 1962 and he was returned to the penitentiary. In 1963, after trial and conviction for robbery, he was sentenced to five years for this offense. He had been incarcerated continuously since 1962 until released by order of the trial court in 1969. Appellant now contends that the five-year sentence, imposed as consecutive, begins to run only from the date the 1936 conviction is declared legally invalid. We do not agree. 1 Where a peti tioner is serving a sentence which is held void, a later consecutive sentence based on a different crime runs independently. E. g., United States ex rel. McKee v. Maroney, 264 F.Supp. 684, 686-687 (M.D.Pa.), citing cases. Granting such relief on habeas corpus is consonant with the expansive interpretation given 28 U.S.C. § 2241 (c) (3) by the Supreme Court. Peyton v. Rowe, 391 U.S. 54, 66-67 , 88 S.Ct. 1549 , 20 L.Ed.2d 426 . See also Carafas v. La Vallee, 391 U.S. 234 , 88 S.Ct. 1556 , 20 L.Ed.2d 554 . To hold otherwise would abuse due process, shock the judicial conscience and effect the imposition of a cruel and unusual punishment under the eighth amendment. Goodwin’s five-year sentence has been fully served. “Affirmed.””

   3 later decisions quote this exact passage · from the majority
   e.g. Ruffin v. McCune · Stidham v. Sowers