In re Carver’s Empirical Analysis

Citation profile

1 federal appellate · 4 district ·

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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It seems to be well settled by the decisions, and it is also consonant with the rules of law framed to prevent unseemly conflicts between different judicial tribunals, that ordinarily, where charges have been preferred, and a court-martial having jurisdiction has been ordered, and the person charged has been held to answer, the jurisdiction which attaches in favor of the court-martial will exclude that of a civil tribunal in which proceedings for a writ of habeas corpus may afterwards be commenced. Under such circumstances, the civil tribunal must wait until the court-martial has concluded its proceedings, and even until the sentence, if any, imposed by the court-martial, has been worked out; and this rule might apply even where an arrest had followed in consequence of the charges, although preceding the organization of the military court.””

   2 later decisions quote this exact passage
   e.g. Ex parte Houghton · Ex parte Avery

2. ““The respondent, William A. Colston, upon whom has been served a writ of habeas corpus for the production of Ivan Foley, respectfully makes return to said writ and states that he is the colonel and commanding officer of the First Regiment of Infantry, Kentucky National Guard; and ho and said regiment are now and have been continuously, since June 19, 1916, in the military service of the United States. “Respondent further states that said Foley was duly enlisted, under the name of Ivan I). Foley, as a soldier of the Kentucky National Guard, in the service of the United States on June 1, 1917, at Louisville, Ky., for the term of six years; that on said June 1, 1917, the said Foley fraudulently and falsely represented to the recruiting officer, Capt. Ellerbe W. Carter, First Kentucky Infantry, that ha was twenty years and seven months of age, and by means of said false and fraudulent, misrepresentation procured his said enlistment, and since said date has received allowance thereunder. “Respondent further says that on .Tune 20, 1917, said Foley was placed in arrest, charged with the military offense of fraudulent enlistment, and that lie, the said respondent, has since said time held said soldier by and under the authority of the United States, pending the time the case might be properly prepared and said soldier given a trial thereon before a military court. “A copy of the charge against the said Ivan Foley, preferred on account of the military offense aforesaid, is filed as pa”

   1 later decision quote this exact passage
   e.g. Ex parte Foley