Ex Parte Young’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “... If a prisoner is serving a sentence for the offenses listed in Section 3f(a)(1) [capital murder, aggravated kidnapping, aggravated rape, aggravated sexual abuse, or aggravated robbery ] of this Article or if the judgment contains an affirmative finding under Section 3f(a)(2) of this Article [ that the defendant used or exhibited a deadly weapon during the commission of an offense or during immediate flight therefrom the trial court shall enter the finding in the judgment of the court], he is not eligible for release on parole until his actual calendar time served, without consideration of good conduct time, equals one-third of the maximum sentence or 20 calendar years, whichever is less, but in no event shall he be eligible for release on parole in less than two calendar years. All other prisoners shall be eligible for release on parole when their calendar time served plus good conduct time equals one-third of the maximum sentence imposed or 20 years, whichever is less.”

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

2. ““... In exchange for a plea of guilty in Cause No. 5948, the prosecutor agreed to recommend that Applicant’s punishment would be assessed at twenty (20) years confinement ..., and that the prosecutor would not recommend that an affirmative finding that a deadly weapon was used or exhibited during the commission of the offense be made. The plea bargain agreement was submitted to and approved by the trial court. Applicant contends that his plea of guilty ... was not freely, intelligently and voluntarily entered in that his retained attorney advised him prior to the guilty plea proceeding that his initial eligibility for parole on a twenty (20) year sentence for aggravated robbery without an affirmative finding that a deadly weapon was used or exhibited during the commission of the offense would be from thirty-six (36) months to sixty (60) months with ‘good time credit’ [and that] the advice of his retained attorney ... induced the guilty plea in Cause No. 5948.” 1”

   1 later decision quote this exact passage
   e.g. Ex parte Wilson

3. ““By implication, from the record, the trial court also labored under this misunderstanding of the law in that he followed the ‘plea bargain’ to not enter an affirmative finding that a deadly weapon was used.” Young, supra, 4 .”

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