Tyson v. State’s Empirical Analysis
1992
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently May 2018
10 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
Applies 18 U.S.C. § 3143 (Bail Reform Act of 1984)
Relies on ASARCO Inc. v. Kadish · First National Bank v. United States · Troue v. Marker · Matter of Public Law No. 305 and Public Law No. 309 · Keys 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Although Ind.Code § 35-33-9-1 assigns the question of bail pending appeal to the discretion of the trial court, our appellate rules contemplate a role for the appellate courts as well.... As our Court of Appeals has observed, it would be unconstitutional to repose in the trial court the exclusive power to determine whether a petitioner should be let to bail pending appeal. Willis [,] 492 N.E-.2d 45. * * ⅜ Although appellate courts do not consider requests for [an appeal] bond de novo, neither are they limited to reviewing trial court decisions for abuse of discretion. Willis, 492 N.E.2d at 48 . Because the appellate court is authorized to grant and fix bond, it must be able to examine those factors which are pertinent to the decision whether to grant bond pending appeal. The appellate court must give the trial court appropriate deference, however, on those issues which the trial court is in the best position to judge.”
1 later decision quote this exact passage“No appeal bond shall be necessary to prosecute an appeal.... Enforcement of a Final Judgment ... shall be stayed during appeal upon the giving of a bond_The trial court ... shall have jurisdiction to fix and approve the bond ... and order a stay prior to or pending an appeal. After the trial court ... decides the issue of a stay, the Court on Appeal may reconsider the issue at any time upon a showing, by certified copies, of the trial court’s action. The Court on Appeal may grant or deny the stay and set or modify the bond.... This rule creates no right to a stay where precluded by law.”
1 later decision quote this exact passage“The consideration of a petition for bond pending appeal starts with the presumption that the convicted defendant is guilty, the opposite of the starting point when considering bail pending trial. The petitioner bears the -burden of demonstrating that there are compelling reasons to allow a guilty defendant to remain free pending appeal of his conviction. In hearing such petitions, the [reviewing] court should examine three factors: (-1) the probability of reversible error at trial, (2) the risk of flight, and (3) the potential dangerousness of the defendant.”
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.