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← 9 CALAPP2D 138 - People v. Vernon

People v. Vernon’s Empirical Analysis

1935

Citation profile

74
cited by 74 later decisions
6
states following
August 1995
most recently cited

2 federal appellate · 65 state decisions

How this case has been cited

Cited by 74 later decisions — most recently August 1995 · most notably 25 Cal. 2d 422 - People v. Gilbert (1944), People v. Shorts (1948)

2 federal appellate · 65 state decisions

3801935194019501960197019801990decided

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 People v. Reid · Sanders v. State · People v. Mooney · People v. Schwarz · Wheeler v. State

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 74 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““It is apparent that the remedy which the applicant sought in the lower court was inclusive of, but withal comparatively but a very small part of, a remedial relief which, in the early stage of the development of common-law procedure, ivas obtainable by means of a ‘writ of error, coram nobis'; the use of which was recognized and permitted solely because of the absence at that time of the right to move for a new trial and the right of appeal from the judgment. In that particular situation, the writ actually issued. Not that in appropriate circumstances such a writ may not now properly issue in this state (People v. Superior Court, 4 Cal. 2d 136 , 47 P. 2d 724 ; Adler v. State, 35 Ark. 517 , 37 Am. Rep. 48 ; Sanders v. State, 85 Ind. 318 , 44 Am. Rep. 29 ; State v. Calhoun, 50 Kan. 523 , 32 P. 38 , 18 L. R. A. 838, 34 Am. St. Rep. 141 ; mono-graphic note, 97 Am. St. Rep. 362 , 372) ; but that the issuance of such a writ, as such, is unknown to the ordinary practice, is clearly indicated, if not attested, by a reference to the several cases in which a right to relief of the character of that here sought has been the subject of inquiry; from all of which it is manifest that that which remains of the relief which ordinarily was available as part of the original common-law remedy of ‘writ of error, coram nobis,’ is made equally available, not necessarily, as formerly, by the issuance of the writ, but simply by the legal machinery attendant upon a motion to vacate the judgment. It t”
    1 later decision quote this exact passage
  2. ““ . . . An application for a writ of error coram nobis should be made within a reasonable time. Diligence is required. A convicted person is not permitted to allow years to pass during which witnesses die, disappear or forget, and his own imagination grows and expands. ...””
    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.