Ex parte Rosier’s Empirical Analysis
133 F.2d 316 · 1942
Citation profile
36 federal appellate · 5 district · 2 state decisions
How this case has been cited
Cited by 49 later decisions — most recently February 1970 · most notably Dorsey v. Gill (1945), United States of America Ex Rel. Jacob Wissenfeld, Relator-Appellant v. Walter H. Wilkins, Warden, Attica State Prison, Attica, New York (1960)
36 federal appellate · 5 district · 2 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. § 451 · 28 U.S.C. § 454 · 28 U.S.C. § 455 · 28 U.S.C. § 457 · 28 U.S.C. § 458 · 28 U.S.C. § 459 · 28 U.S.C. § 460 · 28 U.S.C. § 461
Relies on Johnson v. Zerbst · Cromwell v. County of Sac · Cobbledick v. United States · Alford v. United States · Frank v. Mangum
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“* * * Since the allegations of such petitions are often inconclusive, the practice has grown up of issuing an order to show cause, which the respondent may answer. By this procedure the facts on which the opposing parties rely may be exhibited, and the court may find that no issue of fact is involved. In this way useless grant of the writ with consequent production of the prisoner and of witnesses may be avoided where from undisputed facts or from incontrovertible facts, such as those recited in a court record, it appears, as matter of law, no cause for granting the writ exists. On the other hand, on the facts admitted, it may appear that, as matter of law, the prisoner is entitled to the writ and to a discharge. This practice has long been followed by this court and by the lower courts. It is a convenient one, deprives the petitioner of no substantial right, if the petition and traverse are treated, as we think they should be, as together constituting the application for the writ, and the return to the rule as setting up the facts thought to warrant its denial, and if issues of fact emerging from the pleadings are tried as required by the statute.”
1 later decision quote this exact passage · from the majority“The court may request any attorney of the court to represent such poor person, if it deems the cause worthy of a trial, and may dismiss any such cause so brought if it be made to appear that the allegation of poverty is untrue, or if said court be satisfied that the alleged cause of action is frivolous or malicious.”
1 later decision quote this exact passage · from the majoritye.g. Dorsey v. Gill“We cannot say that, in the light of the supporting affidavits, the petition for a writ of habeas corpus was palpably unmeritorious, and should have been dismissed without more.”
1 later decision quote this exact passagee.g. Dorsey v. Gill
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.