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← 73 Okla. Crim. 441 - Ex Parte Boyd

73 Okla. Crim. 441 - Ex Parte Boyd’s Empirical Analysis

1942

Citation profile

30
cited by 30 later decisions
4
states following
March 2002
most recently cited

30 state decisions

How this case has been cited

Cited by 30 later decisions — most recently March 2002 · most notably State v. Wingler (1957), 96 Cal. App. 2d 141 - In Re Dearo (1950)

30 state decisions

1301942195019601970198019902000decided

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 Langnes v. Green · Burns v. United States · Escoe v. Zerbst · United States v. Murray · The Steamship Styria v. James L Morgan

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. ““ * * * Provided, that if it shall be made to appear to said Judge that said person so released has been guilty of a violation of any law after his said release, or is habitually associating with lewd or vicious persons, or is indulging in vicious habits, in that event the said Court shall cause a warrant to be issued for said person, and he shall be delivered forthwith to the place of confinement to which originally sentenced, and shall serve out the full term for which he had originally been sentenced.””
    4 later decisions quote this exact passage
  2. ““Suspension of sentence under said statute is not a parole nor pardon, but is an authorized mode of mild and ambulatory punishment, instituted by the Legislature for the purpose of giving persons who come within the operation of the statute an opportunity for reformation.” “Only those persons coming within terms of statute are eligible for suspended sentence, but they have no right to demand the same; and it may not be granted to them except at the discretion of the court.” “The revocation of a suspended sentence is a matter addressed to the sound judicial discretion of trial judge, and the hearing in connection therewith may be of a summary character. “In habeas corpus proceeding by accused, alleging trial court revoked suspended sentence without due process of law, the question for determination is whether there has been an abuse of discretion by trial court, and is to be determined in accordance with familiar principles governing the exercise of judicial discretion. That exercise implies conscientious judgment, not arbitrary action.””
    3 later decisions quote this exact passage
  3. ““Only those persons coming within terms of statute are eligible for suspended sentence, but they have no right to demand the same; and it may not be granted to them except at the discretion of the court. * * * “One brought before court accused of violating conditions of suspended sentence isi not entitled to- benefit of counsel nor to- a jury trial as a matter of right. * * * “When execution of a sentence is suspended, the judgment itself is not impaired or limited. The time for its execution is merely deferred, as a matter of grace, subject to- being withdrawn by the court for a violation of some of the conditions named in statute. * * * “The revocation of a suspended sentence is a matter addressed to- the sound judicial discretion of trial judge, and the hearing in connection therewith may be of a summary character.””
    3 later decisions 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.