6 Cal. 3d 78 - In Re Cortez’s Empirical Analysis
1971
Citation profile
4 federal appellate · 2 district · 241 state decisions
How this case has been cited
Cited by 247 later decisions — most recently January 2017 · most notably 13 Cal. 4th 497 - People v. Superior Court (Romero) (1996), 18 Cal. 3d 698 - People v. Chi Ko Wong (1976)
4 federal appellate · 2 district · 241 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 Mempa v. Rhay · 3 Cal. 3d 89 - People v. Tenorio · In Re Perez · 68 Cal. 2d 762 - In Re Caffey · 203 Cal. App. 2d 784 - People v. Surplice
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 247 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“`... The term [judicial discretion] implies absence of arbitrary determination, capricious disposition or whimsical thinking. It imports the exercise of discriminating judgment within the bounds of reason. [¶] To exercise the power of judicial discretion all the material facts in evidence must be both known and considered, together also with the legal principles essential to an informed, intelligent and just decision.'”
4 later decisions quote this exact passage“[a]ny prisoner suffering a sentence imposed after the effective date of Health and Safety Code section 11718 (Sept. 18, 1959) and augmented by virtue of a prior narcotics conviction may file a habeas corpus petition with the superior court inviting the exercise of discretion to dismiss the prior conviction.”
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.