Lerner v. Gill’s Empirical Analysis

Citation profile

4 federal appellate · 5 district · 31 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““To determine whether a rule is to be classified as legislative or interpretive, one must consider the power assigned to the administrative agency. If a statute expressly delegates power to interpret and define certain legislation to an agency, regulations promulgated pursuant to that power are legislative rules having the force of law. * * * If the lawmaking branch has not conferred such authority upon the agency promulgating the rule, the promulgation is interpretive and is not to be considered controlling by the courts.””

   3 later decisions quote this exact passage
   e.g. Henry v. Earhart · Mullins v. Bordeleau

2. “13-8-13. Parole of life prisoners and prisoners with lengthy sentences. — In case of a prisoner sentenced to imprisonment for life, such permit may be issued at any time after such prisoner has served not less than ten (10) years imprisonment provided, however, in case of a prisoner serving a sentence or sentences of a length making him ineligible for a permit in less than ten (10) years pursuant to § 13-8-9 and § 13-8-10, such permit may be issued at any time after such prisoner has served not less than ten (10) years imprisonment, and provided further that the aforesaid . permit shall be issued only by a unanimous vote of all the attending members of the board, providing that not less than four members are present, and whenever after the issue of such permit such prisoner shall be pardoned, then the control of the board over such prisoner shall cease and determine; provided, however, that in case of a prisoner sentenced to imprisonment for life who is convicted of escape or attempted escape from the lawful custody of the warden of the adult correctional institutions such permit may be issued only after such prisoner has served not less than twenty-five years imprisonment; and, provided, further, that for each subsequent conviction of such escape or attempted escape, an additional five (5) years shall be added to the time so required to be served.”

   1 later decision quote this exact passage · from the dissent
   e.g. Lerner v. Gill

3. “In Greenholtz v. Inmates of the Nebraska Penal and Correctional Complex, 442 U.S. 1 , 99 S.Ct. 2100 , 60 L.Ed.2d 668 (1979), the Supreme Court, in considering a Nebraska statute that was considerably more restrictive than § 13-8-14, rejected a prisoner’s contention that the language of the statute created a “protectible expectation of parole,” pointing out that the existence of a mere statutory expectation did not mandate repeated adversary hearings in order to continue a convict’s confinement. Id. at 14, 99 S.Ct. at 2107 , 60 L.Ed.2d at 679-80 . Our statute creates no greater expectation of liberty than its Nebraska counterpart. Thus, we find that Lerner had no protect-able entitlement to parole.”

   1 later decision quote this exact passage
   e.g. Petrarca v. Rhode Island