Topic: when there is a recapture or a surrender within the thirty-… · Go Syfert
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Topic #23240

6 canonical passages across 3 cases, quoted by 18 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Harcum v. State.

#Case FlagCanonical passage Citers
1 Harcum v. State Anchor
mdctspecapp · 1998
neutral “when there is a recapture or a surrender within the thirty-day period, there cannot be a willful failure to surrender within thirty days since what is prohibited under the statute, i.e., willful failure to surrender oneself, must occur after the thirty days have elapsed.” 3
2 People v. Ratliff
ill · 1976
green “if a person is incarcerated and unable to appear in court, his failure to appear cannot be deemed 'willful' within the meaning of section 32-10.” 3
3 People v. Ratliff
ill · 1976
green “an inability to be in the court because a defendant is in custody elsewhere is an example of excusable failure.” 3
4 People v. Ratliff
ill · 1976
green “effectively turns the statute into both a shield for defendant to hide behind, and a sword for defendant to use as a weapon to excuse his flagrantly willful misconduct.” 3
5 People v. Lynn
illappct · 1980
green “an inability to be in the court because a defendant is in custody elsewhere is an example of excusable failure.” 3
6 People v. Lynn
illappct · 1980
green “for the purpose of this statute, an act is performed willfully when it is performed knowingly.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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