Graham v. State’s Empirical Analysis

Citation profile

2 federal appellate · 33 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The reason that a conviction which occurred before the statute was enacted may be used for enhancement is that the statute providing for a greater penalty upon. a subsequent conviction does not seek to punish the offender for the original criminal act a second time, but rather, ‘The repetition of criminal conduct aggravates . . . guilt and justifies heavier penalties . . .’ Graham v. West Virginia, 224 U.S. 616, 623 , 32 S.Ct. 583, 585 , 56 L.Ed. 917 (1912).””

   1 later decision quote this exact passage
   e.g. Ex Parte Smith

2. ““ ‘[L]ife sentence is void because it results from an ex post facto application of the law.’ “Appellant urges that the prior convictions could not have been used for enhancement under the ‘old Narcotic Drug Act’ (Art. 725b, V.A.P.C.) and therefore cannot now be used for enhancement.””

   1 later decision quote this exact passage
   e.g. Bond v. State

3. “it was unnecessary for the indictment to aver the elements of passing a forged writing”

   1 later decision quote this exact passage
   e.g. Ex Parte Holbrook