McCulley v. State’s Empirical Analysis
1972
Citation profile
31 state decisions
How this case has been cited
Cited by 32 later decisions — most recently April 2025 · most notably 63 Wis. 2d 109 - Prue v. State (1974), State v. Whitfield (2003)
31 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 Miranda v. State of Arizona Vignera · North Carolina v. Pearce · Escobedo v. Illinois · Johnson v. State of New Jersey · Presbyterian Church v. Mary Elizabeth Blue Hull Memorial Presbyterian Church
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Probation is not a sentence nor could the conditions of probation be a sentence. By way of example, a court, upon finding that defendant was guilty of stealing over $50, could not lawfully ‘sentence’ a defendant to ‘not violating any law’ or to ‘not frequenting places where intoxicating liquor is sold’ because neither is permissible punishment under the statutes setting out what the punishment for the crime shall be. The court could, however, make the above-noted items conditions of probation, as is frequently done. When the conditions of probation are violated, it then becomes a matter of discretion on the trial court’s part to decide whether or not to revoke the probation. One consequence of the revocation of probation can be a court’s order that the sentence previously imposed be executed.””
1 later decision quote this exact passage · from the majority“". . . In cases coming on for a second sentencing following the decision of the United States Supreme Court in North Carolina v. Pearce, supra, (June 23, 1969) and where the second punishment is assessed by a judge rather than a jury, the second sentence cannot be longer than the first sentence except in those instances where the exception noted in North Carolina v. Pearce is present."”
1 later decision quote this exact passage · from the majoritye.g. State v. Brooks
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.