Tipton v. Baker’s Empirical Analysis
432 F.2d 245 · 1970
Citation profile
25
cited by 25 later decisions
3
states following
August 1986
most recently cited
19 federal appellate · 1 district · 5 state decisions
Relationships
Relies on North Carolina v. Pearce · Ashe v. Swenson · Benton v. Maryland · Green v. United States · Ball 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We conclude that where, at the defendant’s behest, his sentence is set aside on appeal or by collateral attack, the imposition of a greater sentence does not violate Federal double jeopardy principles. Murphy v. Massachusetts, [ 177 U.S. 155 , 20 S.Ct. 639 , 44 L.Ed. 711 (1900)]; Robinson v. United States, 144 F.2d 392 , 397 (6th Cir.), aff’d., 324 U.S. 282 , 65 S.Ct. 666 , 89 L.Ed. 944 ; King v. United States, 69 App. D.C. 10 , 98 F.2d 291 , 295; Bryant v. United States, 214 F. 51 , 53 (8th Cir.); and see United States v. Smith, 331 U.S. 469 , 474, 67 S.Ct. 1330 , 91 L.Ed. 1610 . We have considered Ex parte Lange, 85 U.S. (18 Wall.) 163, 21 L.Ed. 872 , and United States v. Benz, 282 U.S. 304 , 51 S.Ct. 113 , 75 L.Ed. 354 , relied on by appellant, and similar authorities. There is dicta in the Benz case that, while a court may amend a judgment during the term so as to mitigate punishment, it may not increase the penalty because of double jeopardy restrictions. Id. at 307 , 51 S.Ct. 113 . While it is not free from doubt, we nevertheless believe that the prohibition against a sentence being augmented does not apply where invalidation of the prior sentence occurred at the defendant’s behest. We agree with the conclusion in King v. United States, supra, that the law remains as the Murphy case established it “ * * * that when a void, or merely voidable, sentence has been vacated as a result of the prisoner’s own demands, he cannot complain if his second sentence increases his puni”
1 later decision 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.