Wilkinson v. State’s Empirical Analysis

Citation profile

10 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “As a common sense matter, however, once the proposed amendment by inter-lineation was brought to the attention of the trial court in the presence of defendant, with no objection from counsel, and under the other circumstances set forth above, it would be excessively technical to reverse and remand the conviction on the mere fact that the interlineation was not actually entered. We therefore overrule this point. In doing so, however, we caution our holding is restricted to the facts before us. We do not intend to approve as a practice not carrying through with the actual making of such interlineations, nor do we intend our ruling to be taken as meaning that henceforth amendments to informations are to be governed by rules applying to amendments in civil cases.”

   3 later decisions quote this exact passage
   e.g. State v. Cooper · State v. Hale

2. ““The record of the original trial shows that on July 1, 1966, following an unsuccessful attempt to go to trial on June 30, 1966 (the case had been pending in the circuit court for about eleven months), the prosecutor, as he had earlier notified opposing counsel by letter he intended to do, asked leave to amend the information by interlineation by inserting the words ‘wilfully, intentionally, feloniously and on purpose’ at the appropriate place. Defense counsel stated there was no objection and the court thereupon granted leave. Although the case was not then tried until September 29, 1966, the amendment by interlineation was never in fact made. At the hearing on the present motion, the prosecutor testified he thought he had but actually had not made the interlineation. The trial judge testified it was his understanding the information had been amended by interlineation and the case was tried on that basis. Defendant testified he had had several previous burglary convictions; that he knew that on ‘a felony I understand you go to the penitentiary, and a misdemeanor you go to the county jail’. He recalled that on the July 1 occasion, defense counsel mentioned to the court the possibility of a guilty plea and defendant’s willingness if he could be assured of five years. Defendant conceded he knew there was a penitentiary offense involved. ****** “[T]he trial court on the 27.26 motion ruled against defendant on the basis that ‘ * * * the ease was tried and the Court and defendant,”

   1 later decision quote this exact passage
   e.g. Wilkinson v. Haynes