Dewees v. State’s Empirical Analysis
1983
Citation profile
5 state decisions
How this case has been cited
Cited by 5 later decisions — most recently November 2010
5 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
Relies on Franks v. State · Marks v. State · Pryor v. State · Owen v. State · Brown v. State
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Where a defendant is in jail on one charge and a second charge is filed, credit on the second charge begins to accrue at the date of the arrest and not the date of filing.... The end result is that a defendant, because of time spent in jail awaiting trial, will not serve more time than the statutory penalty for the offense, and will not serve more time than a defendant who has the good fortune to have bail money.” [Emphasis supplied] 444 N.E.2d at 334 .”
2 later decisions quote this exact passage“Although IC XX-XX-X-X states a defendant is allowed credit for time `confined awaiting trial or sentencing,' we conclude the Legislature clearly intended the credit to apply only to the sentence for the offense for which the presentence time was served. Any other result would allow credit time for time served on wholly unrelated offenses. Under the criminal justice system, once convicted, the defendant must serve the sentence imposed for the offense committed. Credit time allowed by legislative grace toward a specific sentence clearly must be for time served for the offense for which that specific sentence was imposed. ... Dewees was clearly not held more than 21 days on the charge for which he was sentenced. He is not entitled to any credit which may have accrued on a separate charge. The rule and the statute are based on the constitutional guarantees involving double jeopardy and equal protection. The end result is that a defendant, because of time spent in jail awaiting trial, will not serve more time than the statutory penalty for the offense, and will not serve more time than a defendant who has the good fortune to have bail money.”
1 later decision quote this exact passagee.g. Brown v. State“confinement” as it applied in cases in which the defendant faced more than one charge. In Dewees , the defendant was arrested and confined to jail upon a theft charge on August 12, 1981. On September 1, 1981, the defendant posted bond and was released. He remained free until two days later, when he was rearrested upon unrelated charges. Although his bond for the first charge was never revoked, he remained in jail until December 30, 1991, when he pleaded guilty to the earlier charge, in exchange for which the State dropped the later charge. The trial court credited the defendant with twenty-one days presentence jail time, representing the time from his first arrest to his release on bond. The defendant argued that he was entitled to credit for the time he spent in jail between September 3 and December 30. The court acknowledged that “one possible interpretation of [‘confined awaiting trial or sentencing'] would allow a defendant convicted and sentenced for one offense credit toward that one sentence for time spent ‘awaiting trial or sentencing’ for any offense.”
1 later decision quote this exact passagee.g. Capes v. State
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.