Potter v. Dowd’s Empirical Analysis
146 F.2d 244 · 1944
Citation profile
7 federal appellate · 4 state decisions
How this case has been cited
Cited by 19 later decisions (2 by the Supreme Court) — most recently October 2011
7 federal appellate · 4 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 Johnson v. Zerbst · Mooney v. Holohan · Betts v. Brady · Ex Parte Hawk No - on Rule to Show Cause and Return · Moore v. Dempsey
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“• “ ‘It.has been provided by statute, and uniformly held by this court from the earliest times, that- a judgment of a court, of competent jurisdiction cannot be collaterally attacked and overthrown in' a habeas corpus proceeding; that failure to accord the defendant constitutional rights is error, but does not render, the judgment void.’ Continuing on page 8 of 220 Ind.,- at page 659 of 40 N. E. 2d, it said,: ‘Where constitutional rights, state or federal, are invaded or denied there are well known remedies provided, . . .’ See also Goodman v. Daly, 201 Ind. 332 , 165 N. E. 906 ; Dinkla v. Miles, 206 Ind. 124 , 188 N. E. 577 ; Ingersoll v. Kunkel, 210 Ind. 482 , 4 N. E. 2d 183 ; Christian v. Dowd, 219 Ind. 265 , 37 N. E. 2d 933 ; State ex rel. Spence v. Worden, 219 Ind. 532 , 39 N. E. 2d 733 . Thus it is clear that in Indiana the writ of habeas corpus is not the appropriate remedy in such a case as we are now considering. However, the writ of error poram nobis is available. State ex rel. Kunkel v. Circuit Court of LaPorte County, 209 Ind. 682 , 200 N. E. 614 ; Ingersoll v. Kunkel, 210 Ind. 482 , 4 N. E. 2d 183 ; Swain v. Dowd, 215 Ind. 256 , 18 N. E. 2d 928 ; and State ex rel. Dowd v. Superior Court of LaPorte County, 219 Ind. 17 , 36 N. E. 2d 765 .””
1 later decision quote this exact passage · from the majority“The Hawk decision is the latest of the Supreme Court on the subject. It was no doubt in tended to enlighten the Federal inferior courts so that the rather difficult road which they must travel will have fewer obstructions. Also, the convict who believes he has been denied rights guaranteed him by the Federal Constitution will find the proper judicial haven he is seeking.”
1 later decision quote this exact passage · from the majoritye.g. Wade v. Mayo
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.