Dale v. Haeberlin’s Empirical Analysis
878 F.2d 930 · 1989
Citation profile
20 federal appellate · 10 state decisions
How this case has been cited
Cited by 44 later decisions — most recently June 2023 · most notably Gall v. Parker (2000), United States v. Wettstain (2010)
20 federal appellate · 10 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 Benton v. Maryland · Weaver v. Graham · Marks v. United States · Bouie v. City of Columbia · Miller v. Florida
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We hold that the constitutional due process protections, like ex post facto protections, do extend to proscribe judicially enforced changes in interpretations of the law that unforeseeably expand the punishment accompanying a conviction beyond that which an actor could have anticipated at the time of committing a criminal act.”
2 later decisions quote this exact passage · from the majority“an appellate court may decline to hear a substantive challenge to a conviction when the sentence on the challenged conviction is being served concurrently with an equal or longer sentence on a valid conviction,”
2 later decisions quote this exact passage · from the majority“We recognize that “[t]he ex post facto clause is a limitation upon the powers of the Legislature.” Nonetheless, we have no trouble applying it to an act by the Sentencing Commission. Although the Sentencing Commission was established “as an independent commission in the judicial branch of the United States,” the Supreme Court has recognized that “the Commission ... is an independent agency in every relevant sense.” Further, “the Commission is fully accountable to Congress, which can revoke or amend any or all of the Guidelines as it sees fit either within the 180-day waiting period, or at any time.” Courts have uniformly recognized that the ex post facto clause prohibits a retroactive application of a sentencing guideline where it would disadvantage the defendant.”
1 later decision quote this exact passage · from the majority
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.