Graham v. State’s Empirical Analysis

Citation profile

30 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Commutation is ‘an executive act reducing the term of sentence already imposed and substituting a lesser for the greater punishment,’ 67A C.J.S. § 4, p. 7; Black’s Law Dictionary (Rev. Fourth Ed. 1968) 351. Thus, the constitutional term ‘after conviction’ is of little moment with respect to commutation, for that kind of executive clemency simply may not attach ‘before conviction.’ ‘Commutation is ... an act appropriate for reducing existing sentences .67A C.J.S. § 33b, p. 44. [emphasis in original] [ 3 ] On the other hand, unless otherwise restricted a pardon may be granted by proper authority at any time — even before a criminal charge has been lodged against the offender, [footnote omitted] 67A CJ.S. § 12, p. 18. In Texas, however, when expressly limited, exercise of the power to pardon has always been restricted to ‘after conviction.’ 6 But that constitutional limitation is surely a reflection of a policy decision made by the people of Texas on the matter of timing valid exercise of the power to pardon, [footnote omitted] Rather than permitting the Executive Department to grant pardons before charge is made, before indictment is returned, before trial begins, before jury verdict, the Constitution restricts the grant to that point in the criminal prosecution which is ‘after conviction.’ And there has never been any intimation that such restriction on timing is part of a definition of what constitutes a pardon, [footnote omitted] So, Whan is quite correct in perceiving that”

   1 later decision quote this exact passage · from the majority
   e.g. Ex Parte May