Franks v. State’s Empirical Analysis

Citation profile

2 federal appellate · 8 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Under the “void ab initio” approach, an unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is, in legal contemplation, as inoperative as though it had never been passed. Norton v. Shelby County, 118 U.S. 425 , 6 S.Ct. 1121 , 30 L.Ed. 178 (1886). However, in Roberts v. Roane County, 160 Tenn. 109 , 23 S.W.2d 239 (1929) this Court recognized “that parties may so deal with each other upon the faith of such a statute that neither may invoke the aid of the courts to undo what they themselves have done.” Id. at 124 , 23 S.W.2d at 243 . Because of the presumption in favor of the constitutionality of statutes, the public and individuals are bound to observe a statute though unconstitutional, until it is declared void by an authoritative tribunal. O’Brien v. Rutherford County, 199 Tenn. 642 , 288 S.W.2d 708 (1956)....”

   1 later decision quote this exact passage
   e.g. State Ex Rel. Barker v. Harmon

2. “The Judges of the Supreme or Inferior Courts, shall, at stated times, receive a compensation for their services, to be ascertained by law, which shall not be increased or diminished during the time for which they are elected.”

   1 later decision quote this exact passage
   e.g. State Ex Rel. Barker v. Harmon

3. “Such clause evinces an intent on the part of our legislature to have the valid parts of the statute remain in force, unless observance thereof would frustrate the object of its passage.”

   1 later decision quote this exact passage
   e.g. Lowe's Companies, Inc. v. Cardwell