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← 51 CAL2D 388 - In Re Bandmann

In Re Bandmann’s Empirical Analysis

1958

Citation profile

79
cited by 79 later decisions
5
states following
January 2011
most recently cited

3 federal appellate · 74 state decisions

How this case has been cited

Cited by 79 later decisions — most recently January 2011 · most notably 30 Cal. 3d 176 - People v. Ricky H. (1981), 5 Cal. 3d 129 - People v. Rogers (1971)

3 federal appellate · 74 state decisions

2201958196019701980199020002010decided

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 28 Cal. 2d 121 - People v. Valentine · In Re McVickers · In Re Lee · 47 Cal. 2d 167 - People v. Stuart · 24 Cal. 2d 638 - People v. Moroney

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

  1. ““If we were to construe the two subdivisions of section 664 as contended by petitioner, we would have a hiatus at the five year mark since subdivision 1 would then provide for punishment for attempts where the maximum penalty for the substantive offense was more than five years with subdivision 2 providing for punishment for attempts where the maximum penalty for the substantive offense was less than five years.””
    1 later decision quote this exact passage
  2. ““From a careful reading of the two sections it is obvious that the Legislature intended that a crime carrying a five year maximum sentence should constitute the dividing line. In other words, if the substantive offense carries a maximum penalty of five years or more, subdivision 1 is applicable; if the substantive offense carries a maximum penalty of less than five years, subdivision 2 is applicable.””
    1 later decision quote this exact passage
  3. ““Every person who attempts to commit any crime, and in such attempt does any act toward the commission of such crime, but fails, or is prevented or intercepted in the perpetration thereof, is punishable, where no provision is made by law for the punishment of such attempt, as follows: * * * ””
    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.