Whitney v. State’s Empirical Analysis
1987
Citation profile
7 state decisions
How this case has been cited
Cited by 7 later decisions — most recently February 2012
7 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 Solem v. Helm · Evitts v. Lucey · Copeland v. United States · State v. Garcia · Mills Music, Inc. v. Snyder
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““As stated, Wyoming statutes permit post-conviction relief only for deprivation of constitutional rights in the proceeding which resulted in conviction. Johnson v. State, Wyo., 592 P.2d 285 (1979). Constitutional rights are limited to determination of whether defendant was denied the right to counsel, to have witnesses, and to prepare and present his defense. Morgan v. State, Wyo., 708 P.2d 1244 (1985). The application for post-conviction relief does not allege denial of a constitutional right in the proceedings that resulted in his conviction as required by § 7-14-101, supra; rather, appellant claims his sentence after conviction was cruel and unusual. Conviction and sentencing are not synonymous. The former relates to the finding of guilt, the latter to the imposition of a sentence after guilt determination. State v. Garcia, 99 N.M. 466 , 659 P.2d 918 (1983). Here it is the sentence, not the judgment, that is at issue. Appellant was represented by an attorney, obtained a plea bargain, and pled guilty. He does not seek to have the guilt determination set aside but rather seeks relief from his sentence. It is true that if his sentence is ‘cruel and unusual’ as he claims, it violates a constitutional right; but that violation did not occur in the proceeding that resulted in his conviction. It occurred, if at all, after that proceeding was concluded and cannot be reached in post-conviction relief.””
1 later decision quote this exact passagee.g. Harlow v. State“"Because claimed constitutional error concerning sentencing cannot be reached under Wyoming post-conviction relief statutes, the court was correct in holding the application without merit, in refusing appointment of counsel, and entering an order of dismissal." Whitney, 745 P.2d at 904 .”
1 later decision quote this exact passagee.g. Schuler v. State
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.