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← 45 CAL 429 - Ex parte Gutierrez

Ex parte Gutierrez’s Empirical Analysis

1873

Citation profile

30
cited by 30 later decisions
10
states following
September 2013
most recently cited

28 state decisions

How this case has been cited

Cited by 30 later decisions — most recently September 2013 · most notably In Re Rosencrantz (1928), People v. Hainline (1933)

28 state decisions — followed in 10 states

70187318801890190019101920193019401950196019701980199020002010decided

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.

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

  1. ““And a law is not objectionable as ex post facto which, in providing for the punishment of future offenses, authorizes the offender’s conduct in the past to be taken into the account, and the punishment to be graduated accordingly. Heavier penalties are often provided by law for a second or any subsequent offense than for the first, and it has not been deemed objectionable that in providing for such heavier penalties the prior conviction authorized to be taken into account may have taken place before the law was passed. In such cases it is the second or subsequent offense that is punished, not the first.” (See, also, People v. Rosencrantz, 95 Cal. App. 92 [ 272 Pac. 786 ].)”
    1 later decision quote this exact passage

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.