Fleenor v. Hammond’s Empirical Analysis

Citation profile

13 federal appellate · 2 district · 23 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““* * * It does not follow, however, from the reservation of a right to revoke, that it may be exercised arbitrarily or upon whim, caprice, or rumor. Upon the granting of a pardon, albeit conditionally, the convict was entitled to his liberty and possessed of a right which could be forfeited only by reason of a breach of the Conditions of the grant. * * * * * * * * “It is our conclusion that the petitioner’s right to his freedom under the terms of the pardon could not be revoked without such hearing as is the generally accepted prerequisite of due process, if the exercise of such power by the Governor is challenged by unequivocal allegations that the petitioner has complied with the conditions of the grant. This does not mean that he is entitled to a trial in court, or a trial in any strict or formal sense. Due process is satisfied if there is reasonable opportunity extended to Fleenor to explain away accusation that he has violated the conditions upon which his pardon was granted. As was said in Escoe v. Zerbst [ 295 U.S. 490 , 55 S.Ct. 818 , 79 L.Ed. 1566 ] supra, the ‘inquiry should be so fitted in its range to the needs of the occasion.’” 116 F.2d, at 986 .”

   2 later decisions quote this exact passage · from the majority
   e.g. Local 890 of International Union of Mine, Mill & Smelter Workers v. New Jersey Zinc Co. · Chase v. Page

2. “This is analogous to the rule that when a party invokes the power of the courts to hold a statute constitutionally invalid, he is not to be heard unless he has sustained or is in danger of sustaining a direct injury through its enforcement. Massachusetts v. Mellon, 262 U.S. 447 , 43 S.Ct. 597 , 67 L.Ed. 1078 ; City of Allegan v. Consumers' Power Co., 6 Cir., 71 F.2d 477 .”

   1 later decision quote this exact passage · from the majority
   e.g. Dorsey v. Gill

3. ““ * * * if he is able to do so, to allege unequivocally that if granted a hearing he could demonstrate thereat that the conditions of the pardon have been fully complied with and that none of them have been breached. * * *””

   1 later decision quote this exact passage · from the majority
   e.g. Anderson v. Alexander