Watson v. Montgomery’s Empirical Analysis

Citation profile

7 federal appellate · 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The courts of this state, on writ of habeas corpus, may ascertain, by proper evidence, if a person who has been arrested for extradition is a fugitive from the justice of the demanding state. If he be not a ‘fugitive from justice,’ within the meaning of section 2 of article 4 of the Constitution of the United States, he will be discharged from custody.” “To be a ‘fugitive from justice,’ it is necessary that the person charged as such must have been actually present in the demanding state at the time of the commission of the crime, or, having been there, has then committed some overt act in furtherance of the crime subsequently consummated, and has departed to another jurisdiction. And, if the evidence be clear and convincing that the accused was not personally in the demanding state at the time of the commission of the offense charged, and has committed no prior overt act therein indicative of an intent to commit the crime, or which can be construed as a step in the furtherance of the crime afterwards consummated, he should be discharged.”

   1 later decision quote this exact passage · from the majority
   e.g. 169 W. Va. 578 - Lott v. Bechtold

2. “(1) whether a crime has been “charged” in the demanding state; (2) whether the individual in custody is the person so charged; and (3) whether the individual in custody was in the demanding state when the alleged crime was committed.”

   1 later decision quote this exact passage · from the majority
   e.g. Garrison v. Smith