Benham v. Plotner’s Empirical Analysis
1990
Citation profile
2 federal appellate · 19 state decisions
How this case has been cited
Cited by 22 later decisions — most recently May 2020
2 federal appellate · 19 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 Veiser v. Armstrong · Seymour v. Swart · State Ex Rel. Derryberry v. Kerr-McGee Corporation · Lee v. Knight · Anderson v. Dyco Petroleum Corp.
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A judgment is not final in the sense that it binds the parties until the losing party has failed properly to perfect an appeal, or until the highest court, whose jurisdiction in invoked by either party, upholds the decision of the trial court. Because a case does not become final until the appeal or the right to appeal is exhausted, and because [the defendant’s] criminal conviction was on appeal at the time of the civil trial, [the defendant’s] conviction was not a final judgment. Therefore, it could not be introduced as conclusive proof [that the defendant committed the offenses of which he was convicted].”
2 later decisions quote this exact passage“"The following are not excluded by the hearsay rule, even though the declarant is available as a witness: [[Image here]] "22. Evidence of a final judgment, entered after a trial or upon a plea of guilty, but not upon a plea of nolo contendere, adjudging a person guilty of a crime punishable by death or imprisonment in excess of one (1) year, to prove any fact essential to sustain the judgment, but not including, when offered by the state in a criminal prosecution for purposes other than impeachment, judgments against persons other than the accused. The penden-cy of an appeal may be shown but does not affect admissibility; " * * * " (Emphasis added.)”
1 later decision quote this exact passage · from the majoritye.g. Willard v. Kelley“If the defendant is unable to offer a satisfactory explanation, it is presumed that the jury will give the conviction substantial weight and effect.” Id. 6 . We also note that Okla. Stat. tit. 22 § 1343 allows merchants and their agents to detain a customer if there is”
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.