De Marcos v. Overholser’s Empirical Analysis
137 F.2d 698 · 1943
Citation profile
35 federal appellate · 4 district · 10 state decisions
How this case has been cited
Cited by 55 later decisions — most recently July 1993 · most notably Dorsey v. Gill (1945), Bouse v. Cameron (1966)
35 federal appellate · 4 district · 10 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
Relies on Barry v. Hall · Ex parte Rosier · Howard v. Overholser · Barry v. White · De Marcos v. Overholser
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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““There can be no question that it is desirable for the court to utilize the services of the Commission on Mental Health in a habeas corpus proceeding where the issue is the sanity of the petitioner. Habeas corpus is a proper remedy to challenge the continued confinement of persons who claim to be restored to mental health. “While the Act by its terms does not make it mandatory on the court to request a report from the Commission on Mental Health, nevertheless, having in view its history and purpose, we think it broad enough to justify our finding in its provisions a discretion in the court to require the Commission’s expert assistance * * * ””
2 later decisions quote this exact passage“part of a nationwide movement to give courts the assistance of unbiased experts who are not selected by parties to the proceeding,”
2 later decisions quote this exact passage“might remain in confinement indefinitely, though in fact restored to sanity, with no legal means of securing discharge.”
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.