Coleman v. State’s Empirical Analysis
1975
Citation profile
1 federal appellate · 5 state decisions
How this case has been cited
Cited by 6 later decisions — most recently April 1994
1 federal appellate · 5 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 Jones v. State · 72 Okla. Crim. 1 - Murphy v. State · Shirey v. State · 60 Okla. Crim. 398 - Rice v. State · White v. State
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““THE COURT: I also have a presen-tence report in your case, which I’ve read, and it will be made a part of the record. And at the trial of this case, on September 22nd and 23rd, the jury returned a verdict of guilty against you, and then were sent back to assess punishment, and the Instructions incorrectly stated the punishment for Robbery in The First Degree, but the Instructions on Robbery In The First Degree After Former Conviction was correct, and the jury did find you guilty of Robbery in the First Degree After Former Conviction and assessed your punishment at fifteen years. So, I find that the error in the Instructions is not important in the disposition of your case for the reason that the Instructions that the jury used in assessing your punishment on the crime they found you guilty on was correct. “MR. HARGRAVE: What about the instruction you first gave them ? “THE COURT: On ten? “MR. HARGRAVE: That they— “THE COURT: Well, the instruction of the minimum of ten years should they find the Defendant guilty of Robbery By Force In The First Degree After Former Conviction was correct, and they did find him guilty of that offense. So, the error on instructing them on Robbery In The First Degree is not important for the reason that they did not find him guilty of that offense. “Okay. If there is nothing further, at this time I will impose judgment and sentence, and you are sentenced to serve fifteen years in the custody of The Department of Corrections of The State of Oklaho”
1 later decision quote this exact passagee.g. Leeper v. State““. . . This Court held in Jones v. State, Okl.Cr., 527 P.2d 169 (1974), which followed White v. State, Okl.Cr., 520 P.2d 368 (1974), that when the defendant stipulates to the former conviction there is no fact left for the jury’s determination. In White v. State, supra, this Court distinguishes the cases cited by the defendant on the basis that even though the evidence is uncontroverted as to the former convictions there is still a determination for the jury to make, but where the defendant stipulates to the former conviction it is a fact already established and is to be used by the jury in assessing the punishment of the defendant. Such a stipulation totally eliminates the need for instructions allowing the jury to assess punishment as a first offender. In light of Jones v. State, supra, and White v. State, supra, the erroneous instruction is irrelevant. There was no need for the instruction as to punishment as a first offender and, consequently, no harm could have resulted therefrom. And, this Court has held in Murphy v. State, 72 Okl.Cr. 1, 112 P.2d 438 (1941), error without injury will not serve as a basis for reversal.””
1 later decision quote this exact passagee.g. Leeper v. State
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.