McKee v. Johnston’s Empirical Analysis
109 F.2d 273 · 1939
Citation profile
37 federal appellate · 1 state decisions
How this case has been cited
Cited by 44 later decisions (1 by the Supreme Court) — most recently July 1983 · most notably Wilson v. Bell (1943), Greene v. United States (1959)
37 federal appellate · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 455 · 28 U.S.C. § 458
Relies on 'The Ku-Klux Cases' Yarbrough · In re Bonner · United States v. Daugherty · Ebeling v. Morgan · United States v. Pridgeon
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is well settled that where a court has jurisdiction of the person and of the offense, the imposition of a sentence in excess of what the law permits does not render the authorized portion of the sentence a nullity, but leaves open to attack on habeas corpus only such portion of the sentence as is excessive. * * *” 7”
1 later decision quote this exact passage · from the majoritye.g. Jackson v. Humphrey““It is well settled that a general or gross sentence may be imposed under an indictment containing several counts, provided the sentence does not exceed the aggregate which could have been imposed had sentence been pronounced severally on each count.””
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.