C.P.M. v. D'Ilio’s Empirical Analysis

Citation profile

1 district ·

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

1. “[njumerous analogous cases supporting such a finding in the context of parole revocation. These include United States v. Hamilton, 708 F.2d 1412 (9th Cir.1983) ("Revocation of probation [by district court] after unreasonable delay or under circumstances inherently misleading to the probationer is an abuse of discretion.”); LaChance v. Reno, 824 F.Supp. 29 (S.D.N.Y.1993), aff'd, 13 F.3d 586 (2d Cir.), cert. denied, 512 U.S. 1222 , 114 S.Ct. 2711 , 129 L.Ed.2d 837 (1994) (acknowledging Hamilton, supra, but holding that absent unfair tactics and prejudice to parolee, delay does not violate due process); United States v. Tyler, 605 F.2d 851 (5th Cir.1979) (delay of one year in seeking revocation for misdemeanor charges deprived probationer of right to due process); and Greene v. Michigan Dept. of Corrections, 315 F.2d 546 (6th Cir.1963) (reversing and remanding for hearing to determine from facts whether delay was reasonable where parole officials waited nine years before executing arrest warrant for parole violation). Notably, these cases involved violations of the parolees' or probationers' due process rights arising out of an established constitutional right to a hearing prior to revocation.”

   1 later decision quote this exact passage · from the majority
   e.g. Doe v. Fauver

2. “If the Sandin analysis is employed here, instead of the rejected Hewitt analysis used in C.P.M., it is clear that New Jersey has not created a liberty interest in preventing employer notification of a parolee’s parol status and the nature of his conviction ... [T]he Sandin Court ... rejected the Hewitt “mechanical liberty interest” analysis relied on by this court in C.P.M. It instead endorsed an analysis that if applied in this circumstance would focus on the nature of the deprivation at issue and whether it imposed an “atypical or significant hardship” on a parolee “in relation to the ordinary incidents” of parole.”

   1 later decision quote this exact passage · from the majority
   e.g. Doe v. Fauver