Ex Parte Nielsen’s Empirical Analysis
131 U.S. 176 · 1889
Citation profile
342 federal appellate · 51 district · 508 state decisions
How this case has been cited
Cited by 1,148 later decisions (88 by the Supreme Court) — most recently April 2022 · most notably Johnson v. Zerbst (1938), North Carolina v. Pearce (1969)
342 federal appellate · 51 district · 508 state decisions — followed in 45 states
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
Relies on Ex parte Lange · Ex parte Siebold · Wilson · Snow
Cited together with Blockburger v. United States · Brown v. Ohio · North Carolina v. Pearce · Ashe v. Swenson · Green v. United States
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 1,148 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] person [who] has been tried and convicted for a crime which has various incidents included in it, . . . cannot be a second time tried for one of those incidents without being twice put in jeopardy for the same offense.”
28 later decisions quote this exact passage · from the majority“want of power appears on the face of the record of his condemnation, whether in the indictment or elsewhere, the court which has authority to issue the writ [of habeas corpus] is bound to release him.”
11 later decisions quote this exact passage“the evidence required to warrant a conviction upon one of the [prosecutions] would have been sufficient to support a conviction upon the other,”
9 later decisions 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.