Funk v. State’s Empirical Analysis

Citation profile

16 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If the convicted person is erroneously sentenced, the mistake does not render the sentence void. The sentence shall be corrected after written notice is given to the convicted person. The convicted person and his counsel must be present when the corrected sentence is ordered. A motion to correct sentence must be in writing and supported by a memorandum of law specifically pointing out the defect in the original sentence.”

   2 later decisions quote this exact passage
   e.g. Chism v. State · White v. State

2. “is appropriate where the sentence is erroneous on its face and that facial error occurs when the sentence violates express statutory authority.”

   2 later decisions quote this exact passage
   e.g. Hatchett v. State · White v. State

3. “However, a motion to correct erroneous sentence may be used to correct those errors “where the sentence is erroneous on its face.” A facially defective sentence is one “that violates express statutory authority at the time the sentence is pronounced.” A motion to correct erroneous sentence is proper where the error may be deemed “fundamental.” “Such fundamental error would include illegal sentences in violation of express statutory authority or an erroneous interpretation of a penalty provision of a statute.””

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