Ex parte Karstendick’s Empirical Analysis

Citation profile

49 federal appellate · 18 district · 8 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 113 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In eases where the statute makes hard labor a part of the punishment, it is imperative upon the court to include that in its sentence.””

   6 later decisions quote this exact passage · from the majority
   e.g. In re Mills · United States v. Pridgeon

2. ““It is doubtful whether, upon a writ of error, the prisoner would have been entitled to a modification of Ills sentence by striking out the ‘hard labor* portion thereof. By section 5539, Rev. St., it is provided that ‘whenever any criminal, convid ed of any offense against the United States, is imprisoned In the jail or penitentiary of any state or territory, such criminal shall in all respects be subject to the same discipline and treatment as convicts sentenced by the courts of the state and territory in which such jail or penitentiary is situated; and while so confined therein shall be exclusively under the control of the officers having charge of the same, under the laws of such state or territory.’ Suppose the five years sentence had embodied the provision of this section, which it could lawfully have done; would it have carried with it, in point of fact, ‘hard labor,’ as a part of the discipline of the Ohio penitentiary? This being so, it is difficult to see upon what principle it can be held that the sentence of imprisonment is vitiated and rendered void for expressly including the element or feature of ‘hard labor,’ which would have been otherwise implied in the sentence of simple imprisonment. ⅜ * * The sound rule is that a sentence is legal so far as it is within the provisions of law, and the jurisdiction of the court over the person and offense, and only void as to the excess, when such excess is separable, and may he dealt with without disturbing the valid portio”

   3 later decisions quote this exact passage · from the majority
   e.g. Mackin v. United States · Cosgrove v. Smith

3. ““It is further insisted on behalf of the petitioner, that the legislature of the state of West Virginia has not given its consent to the use of the penitentiary of the state by the United States for the punishment of their criminals, and that for this reason the order for his confinement there is void. The petitioner is actually confined in the penitentiary, and neither the •state nor its officers object. Congress has authorized imprisonment, as a punishment for crimes against the United States, in the state prisons. So far as the United States can do so, they have made the penitentiary at Moundsville a penitentiary of the United •States, and the state officers having charge of it their agents to enforce the sentences of imprisonment passed by their courts. The question is not now whether the state shall submit to this use of its property by the United States, nor whether these state officers shall be compelled to act as the custodians of those confined there under the authority of the United States, but whether this petitioner can object if they do not. We think he cannot. So long as the state permits him to remain in its prison as the prisoner of the United States, and does not object to his detention by its officers, he is rightfully detained in custody under a sentence lawfully passed.””

   1 later decision quote this exact passage · from the majority
   e.g. In re Terrill