Weisser v. State’s Empirical Analysis

Citation profile

1 district · 11 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Revocation of probation. — The court shall not revoke probation except after a hearing at which the defendant shall be present and apprised of the grounds on which such action is proposed. The defendant may be admitted to bail pending such hearing.”

   6 later decisions quote this exact passage
   e.g. Cooney v. Park County · Krow v. State

2. “"* * * The Morrissey and Gagnon cases recognized the parole and probation status as 'liberty and property' rights under the constitution, and they held that deprivation thereof could be accomplished only by virtue of due process. In the Morris-sey case the Court noted at page 2600 of 92 S.Ct. that revocation of parole (and in the Gagnon case, of probation). "'is not part of a criminal prosecution and thus the full panoply of rights due a defendant in such a proceeding does not apply to revocations. * * *'"”

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

3. “It would be too tenuous and gossamer a distinction for this court to make — a web too finely spun — were we to hold that § 7-13-409 is not applicable where the county attorney files the revocation petition with the court but does apply when the petition is filed with the court by a probation officer.” Conversely, in discussing Morrissey and Gagnon , this court had earlier stated in Knobel v. State, supra, 576 P.2d at 942 , that by virtue of Rule 33(f):”

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