Stewart v. Scully’s Empirical Analysis

Citation profile

13 federal appellate · 1 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “maximum period of imprisonment ha[d] real impact [on the defendant]; his entitlement to conditional release mature[d] upon serving two-thirds of his maximum term in 'good behavior,’ and he would ordinarily remain under post-release parole supervision until the expiration of the maximum term.” Id. at 64 (internal citations omitted). We concluded from these facts that Stewart had formed a”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Triestman

2. “The ... court ... was free to correct the defect in the original sentence but only to the extent necessary to bring the sentence into compliance with the statute.... [T]he ... court unnecessarily increased the appellant's sentence, thus producing a violation of the double jeopardy clause.... Ibid.”

   1 later decision quote this exact passage · from the majority
   e.g. 280 N.J. Super. 331 - State v. Eigenmann

3. “DiFrancesco teaches that appellant had no legitimate expectation of receiving only a fifteen-year sentence, because of the lack of finality accorded to sentences and because he should have been aware that under section 2113(d) he could have been sentenced to twenty-five years.”

   1 later decision quote this exact passage · from the majority
   e.g. Williams v. Travis