State v. Hess

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• ruling new sentencing hearing unnecessary; “a proper sentence had been orally pronounced on the record”
• noting where there is a 12 discrepancy between the oral pronouncement of sentence and the written judgment, the oral pronouncement controls
• stating a sentence that is not permitted by statute is illegal
• “When a court imposes a sentence which statutory law does not permit, the sentence is illegal.”
• “[W]here there is a discrepancy between the oral pronouncement of sentence and the written judgment and commitment, the oral pronouncement of sentence controls.” (citation omitted)
• “[W]hen the record unambiguously reflects that a clerical error has occurred, we will direct the district court to enter a nunc pro tunc order to correct the judgment of entry.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

71 cases in this archive cite this case; the 20 most cited are listed.

• State v. Woody
  Supreme Court of Iowa· 2000-07-06· cited 59×
• State v. Carney
  Supreme Court of Iowa· 1998-09-23· cited 35×
• State v. Denya
  Supreme Court of Connecticut· 2010-01-26· cited 23×
• American Legion, Hanford Post 5 v. Cedar Rapids Board of Review
  Supreme Court of Iowa· 2002-06-12· cited 17×
• Winston v. State
  Court of Appeals of Mississippi· 1998-12-18· cited 10×
• Boutwell v. State
  Court of Appeals of Mississippi· 2003-06-03· cited 7×
• Calvin Winston v. State of Mississippi
  Mississippi Supreme Court· 1996-02-12
• State of Iowa v. Bradley Allen Neisen
  Court of Appeals of Iowa· 2014-07-30
• State of Iowa v. Erroll Antoine Taylor
  Court of Appeals of Iowa· 2014-07-16
• State of Iowa v. Deandre Goode
  Court of Appeals of Iowa· 2014-07-16
• State of Iowa v. John Joseph Vance
  Court of Appeals of Iowa· 2014-04-30
• State of Iowa v. Trent D. Smith
  Court of Appeals of Iowa· 2014-11-13
• State of Iowa v. Shawn T. Jones
  Court of Appeals of Iowa· 2014-11-13
• State of Iowa v. Andrew Brasean Buchanan
  Court of Appeals of Iowa· 2015-01-14
• State of Iowa v. James Lee Moore
  Court of Appeals of Iowa· 2015-04-08
• State of Iowa v. Benjamin W. Barnes
  Court of Appeals of Iowa· 2016-03-09
• State of Iowa v. Willis Christopher Davis Jr.
  Court of Appeals of Iowa· 2016-04-06
• State of Iowa v. Zachery Thomas Butrick
  Court of Appeals of Iowa· 2016-05-11
• State of Iowa v. Daniel Vincent Newell
  Court of Appeals of Iowa· 2016-08-17
• State of Iowa v. Donald Gene Hall
  Court of Appeals of Iowa· 2016-08-31

Cites

17 cases in this archive are cited by this case.

• United States v. Juan Munoz-Dela Rosa
  Ninth Circuit· 1974-04-08· cited 93×
• United States v. Raymond Marquez
  Second Circuit· 1974-11-04· cited 76×
• State v. Hanson
  Court of Appeals of Arizona· 1983-06-27· cited 35×
• State v. Cady
  South Dakota Supreme Court· 1988-04-20· cited 35×
• Smith v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 1991-01-23· cited 34×
• Sampson v. State
  North Dakota Supreme Court· 1993-09-29· cited 26×
• State v. Wallace
  Idaho Court of Appeals· 1989-11-02· cited 20×
• State v. Lorrah
  Utah Supreme Court· 1988-08-26· cited 17×
• State v. Suchanek
  Supreme Court of Iowa· 1982-11-24· cited 15×
• State v. Bradley
  Supreme Judicial Court of Maine· 1980-06-02· cited 14×
• State v. Garrett
  Supreme Court of Iowa· 1994-05-25· cited 14×
• Alphonse T. Cuozzo, John Catanzaro and Nathan Sutton v. United States
  Fifth Circuit· 1965-01-18· cited 11×
• Clouse v. State
  Wyoming Supreme Court· 1991-04-19· cited 10×
• State v. Brydon
  Supreme Judicial Court of Maine· 1983-01-21· cited 8×
• Clarke v. State
  District Court of Appeal of Florida· 1984-07-27· cited 6×
• Donald v. State
  District Court of Appeal of Florida· 1993-02-18· cited 2×
• Hambrick v. State
  District Court of Appeal of Florida· 1991-03-14· cited 1×