68 Cal. 2d 389 - In Re Finley’s Empirical Analysis
1968
Citation profile
92 state decisions
How this case has been cited
Cited by 103 later decisions — most recently August 2003 · most notably 38 Cal. 3d 301 - People v. Castro (1985), 41 Cal. 3d 505 - People v. Burgener (1986)
92 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 Gideon v. Wainwright · Neal v. State of California · 19 Cal. 2d 488 - In Re Bell · In re Woods · In Re McVickers
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 103 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... The McVickers-Seeley line of cases holds ... that unless the record before the habeas corpus court establishes the adjudicated elements of the previous offense, the court will assume that the prior conviction was for the least offense punishable under the foreign statute. [Citations.] "Here the only record of the 1932 Washington conviction now available, an authenticated copy of the judgment, sentence, and commitment, shows that petitioner was convicted of second degree burglary on his plea of guilty. Second degree burglary as defined by Washington statute is committed by entry with intent to commit any crime, whether misdemeanor or felony, or by innocent entry followed by the commission of any crime and breaking out. [Citation.] In California, however, the crime of burglary is committed by entry `with intent to commit grand or petit larceny or any felony....' [Citation.] Thus petitioner has established that his Washington conviction could have been based on acts not constituting burglary in California and he has therefore shown that `the least adjudicated elements of the Washington offense are not equivalent to the elements of the similarly denominated California offense enumerated in section 644 of the Penal Code and the Washington conviction is not competent to support a determination of habitual criminality under that section.'”
1 later decision quote this exact passage“[e]very person who has been convicted in any other state, government, country, or jurisdiction of an offense for which, if committed within this state, such person could have been punished under the laws of this state by imprisonment in a state prison, is punishable for any subsequent crime committed within this state in the manner prescribed by law and to the same extent as if such prior conviction had taken place in a court of this state.”
1 later decision quote this exact passage“having been previously three times convicted, upon charges separately brought and tried, and having served separate terms therefor in state and/or federal penitentiaries for crimes enumerated in Section 644 of the Penal Code ..., is a habitual criminal under the provisions of Section 644 of the Penal Code.”
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.