Clark v. Surprenant’s Empirical Analysis

Citation profile

6 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. ““Conceding that the Board of Parole is without jurisdiction to issue a warrant for, and retake, a prisoner after the expiration of ‘the term or terms of the prisoner’s sentence’, 18 U.S.C.A. §§ 714 to 719, the appellant cannot complain. The warrant was issued on February 24, 1936, and within ‘the term or terms of the prisoner’s sentence’. Before the warrant was executed and within ‘the term or terms of the prisoner’s sentence’ he entered his plea of guilty, was sentenced and delivered to the custody of the Warden of the penitentiary for a new and different offense, committed in another jurisdiction. “During the period for which appellant was sentenced for the new and different offense, he was not in legal custody of the Warden upon the parole violator’s warrant. Jurisdiction of the Board of Parole over the appellant under the original sentence was effectively interrupted and suspended by his confinement under the latter offense. Service of the two sentences was not concurrent. He occupied the legal status of an escaped convict, or as if he had not been apprehended.””

   1 later decision quote this exact passage · from the majority
   e.g. 47 F. Supp. 150 - United States Ex Rel. Gutterson v. Thompson

2. ““In an ordinary case where the power conferred by statute was complete and unquestionable and where the proceedings were regular, we would feel disposed to agree with the contention of the appellant to the extent that where the action was to be, or may have been, taken within the term of the sentence that the court should refrain from intervention until a Parole Board had taken action; and to that extent appellant’s position finds support in the authorities. “Here we have ap altogether different situation. The testimony is convincing that the appellee did not intentionally or at all violate his parole and the full term of his sentence had therefore expired as completely satisfied. In this case then where the Parole Board had never revoked the parole, where the full term of sentence had expired without action, the court not only had the right but the duty to determine whether appellee had violated the conditions of his release.””

   1 later decision quote this exact passage · from the majority
   e.g. Welch v. Hillis

3. ““With regard to habeas corpus proceedings in federal courts, it is expressly provided by statute that the court, or justice, or judge, before whom the proceedings may be brought ‘shall proceed in a summary way to determine the facts of the case, by hearing testimony and arguments, and thereupon to dispose of the party as law and justice require.’ Revised Statutes § 761, 28 U.S.C.A. § 461 ; 12 R.C.L. § 68, p. 1250.””

   1 later decision quote this exact passage · from the majority
   e.g. 47 F. Supp. 150 - United States Ex Rel. Gutterson v. Thompson