Carty v. State’s Empirical Analysis

Citation profile

13 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “One who holds office under the color of an election or an appointment and discharges the purported duties of office in full view of the public without being an intruder or usurper, is at least a de facto official. The authority of a de facto official cannot be collaterally attacked. The validity of a de facto officer’s acts may only be challenged directly against the individual who purports to. hold office. For the protection of the public who deal with him, the acts of a de facto officer are as valid as the acts of a de jure officer. All that is required to make an officer de facto is: that he claim the office, be in possession of it, and perform its duties under the color of election or appointment. If their election or appointment were valid they (de facto officers) would be de jure.-officers. A person whose election is irregular and void because he is ineligible is nevertheless an officer, de facto, if he discharges the duties of his office under the color of an election.”

   1 later decision quote this exact passage
   e.g. Sullivan v. City of Evansville

2. “he is a de facto officer although some infirmities may exist which prevent the appointment from being valid. As a de facto officer he is a 'law enforcement officer'”

   1 later decision quote this exact passage
   e.g. Eberaia Fields v. State of Indiana