In Re Brumback’s Empirical Analysis

Citation profile

1 district · 43 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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`the primary discretion belongs to the trial judge ... [and] [w]here the trial judge has passed upon the merits of the application his ruling will not be disturbed unless a manifest abuse of discretion appears [citations]....'”

   4 later decisions quote this exact passage
   e.g. 15 Cal. 3d 921 - In Re Podesto · 33 Cal. 3d 189 - In Re Pipinos

2. “There appears to be no case in which it has been held that this test limits the discretion of the trial judge. Were that rule applied as the trial judge did in this instance it would virtually nullify section 1272, subdivision 3, for it would preclude a successful early application for bail and necessitate defendant's serving part of his term in the penitentiary or sojourning in jail until some new and untoward and unexpected circumstance, like illness or discovery of new and convincing evidence, should eventuate. Absence of intervening extraordinary circumstances cannot prevent the trial judge from acting or excuse his failure to act, although their presence properly may influence his discretion. It follows that the judge in the present instance mistakenly declined to exercise his discretion.”

   1 later decision quote this exact passage
   e.g. In Re Scaggs

3. “After conviction of an offense not punishable with death, a defendant who has appealed may be admitted to bail:”

   1 later decision quote this exact passage
   e.g. In Re Scaggs