Ex parte Biggs’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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is a matter of statutory provision, and what may be a felony in one jurisdiction may be a misdemeanor in another, and vice versa, and in some jurisdictions crimes may not be classified at all. There is no specific definition of either term in the federal statutes. In this state a felony is defined as a crime punishable by death or imprisonment in the penitentiary (section 1230, B. & C. Comp.), and every other offense is a misdemeanor (section 1231). When the legislature used the words ‘felony’ and ‘misdemeanor’ in the disbarment statute, it necessarily intended that they should be understood as above defined, otherwise they would have been meaningless and the statute incapable of enforcement.””

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

2. ““Before an attorney can therefore be removed or suspended, under the provision of the statute invoked in this case, it must appear that he has been convicted of either a felony or misdemeanor as these terms are defined in our statute, although we do not think it necessary that the conviction be had in a court of this state: In re Kirby, 10 S. D. 322, 414 ( 73 N. W. 92 , 907: 39 L. R. A. 856, 859). If the conviction is of an offense which, under the laws of this state, is a felony or a misdemeanor, and if a misdemeanor involving moral turpitude, it is sufficient ground for his removal or suspension, under the provision of the statute, whether such conviction took place here or not.””

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

3. ““If the crime of which he was convicted was such as to afford ground for his removal or suspension, it should be so alleged in the information and proved on the trial. In such case the judgment of conviction would be evidence, and perhaps conclusive, of his guilt, but the court would not be precluded thereby from inquiring whether the facts demanded his removal or suspension, as it is in case of a conviction for felony or misdemeanor involving moral turpitude. If he is to be either removed or suspended on account of the proceedings against him in the federal court, it must be because he was, in fact, guilty of improper conduct, and not because of his conviction alone. ’ ’”

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