Lerner v. Gill’s Empirical Analysis
751 F.2d 450 · 1985
Citation profile
18 federal appellate · 7 district · 15 state decisions
How this case has been cited
Cited by 49 later decisions — most recently December 2018 · most notably United States v. Ven-Fuel, Inc. (1985), State v. Lane (1998)
18 federal appellate · 7 district · 15 state decisions — followed in 10 states
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 Furman v. Georgia · Linkletter v. Walker · Weaver v. Graham · United States Parole Commission v. Geraghty · Heckler v. Community Health Services of Crawford County, Inc.
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“involve[ ] prejudice and harm beyond frustrated expectations”
4 later decisions quote this exact passage · from the dissent“no worse off than ... had the error not been made.”
2 later decisions quote this exact passage · from the dissent“While [the attorney general] construed the 1970 amendment in [the manner suggested by Lerner], his successor did not, and most significantly, the Supreme Court of Rhode Island has not. See R.I. Const.Amend. XII, § 1 (Supreme Court has final revisory jurisdiction over all questions of law). Before petitioner’s case the question of the statute’s meaning with respect to a prisoner serving consecutive life sentences had not been finally determined. While at first the Parole Board and the then Attorney General thought Lerner was eligible within ten years, they did so as a matter of construing the statute, not in exercise of any power of their own to legislate in such matters.”
1 later decision quote this exact passage · from the dissente.g. Aue v. Diesslin
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.