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← 770 SW2D 239 - Tipton v. Commonwealth

Tipton v. Commonwealth’s Empirical Analysis

1989

Citation profile

30
cited by 30 later decisions
4
states following
February 2018
most recently cited

1 federal appellate · 29 state decisions

How this case has been cited

Cited by 30 later decisions — most recently February 2018 · most notably Hoskins v. Maricle (2004), United States v. Lalonde (2007)

1 federal appellate · 29 state decisions

1401989199020002010decided

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 Boykin v. Alabama · Shumaker v. Paxton · Hale v. Deaton · Graham v. Mills · Owens v. Commonwealth

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. “[A] writ ... should be granted only upon a showing that: 1) the lower court is proceeding or is about to proceed outside its jurisdiction and there is no adequate remedy by appeal, or 2) the lower court is about to act incorrectly, although within its jurisdiction, and there exists no adequate remedy by appeal or otherwise and great justice and irreparable injury would result.”
    5 later decisions quote this exact passage
  2. “[S]o long as the officer can observe by a presence-sense perception of the arrestee, the standard operating procedures are met.”
    2 later decisions quote this exact passage
  3. ““This panel of the Court is of the opinion that a plea of guilty taken from someone other than the defendant does not comply with Boykin, supra. This is so, even in the light of RCr 8.28(4) permitting pleas in absentia. RCr 8.28(4) is discretionary, and we consider it an abuse of discretion to accept a plea of guilty in absentia for any offense, such as driving under the influence, for which an enhanced penalty may be imposed for subsequent convictions. The mandates of Boykin overshadow the procedural latitude that misdemeanors are granted in RCr 8.28(4). Reasoning that Boykin applies, then if a first offense DUI was pled under RCr 8.28(4), as herein, the Commonwealth could never properly get a conviction of a defendant with a second offense under KRS 189A.010(2)(b). We do not believe that a rule of procedure can frustrate a criminal statute in that manner.””
    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.