Virginia v. Paul’s Empirical Analysis

Citation profile

29 federal appellate · 23 district · 15 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 166 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Proceedings before a magistrate to commit a person to jail, or to hold him to bail, in order to secure his appearance to answer for a crime or offense, which the magistrate has no jurisdiction himself to try, before the court in which he may be prosecuted and tried, are but preliminary to the prosecution, and are no more a commencement of the prosecution than is an arrest by an officer without a warrant for a felony committed in his presence.””

   3 later decisions quote this exact passage · from the majority
   e.g. In re Strauss · United States v. Commercial Credit Co.

2. ““The true rule on this subject, as it appears to us, was forcibly and accurately expressed by Mr. Justice Grier in a case removed from the court of quarter sessions of Bucks county, in the state of Pennsylvania, before indictment found, into the circuit court of the United States for the eastern district of Pennsylvania under the act of Congress of March 3, 1863, c. 81, § 5, ( 12 Stat. 756 ) since incorporated in section 641 8 of the Revised Statutes, and which, though differing from the statute now in question in requiring the petition for removal to be originally filed in the state court, yet, in substantial accord with this statute, provides that ‘if any suit or prosecution, civil or criminal, has been or shall be commenced in any state court against any officer, civil or military, or against any other person,’ for any such act as is therein described, done by virtue or under color of authority of the United States, the defendant may file a petition ‘for the removal of the cause for trial at the next circuit court of the United States to be holden in the district where the suit is pending.’ Mr. Justice Grier, after quoting these words, ordered the case to be remanded to the state court, for the following reasons: ‘The petition of the defendants brings their case fully within the provisions of this section, but the removal is premature. The prosecution has not been commenced in the state court. A warrant has been issued by a justice of the peace, and the defendants have bee”

   1 later decision quote this exact passage · from the majority
   e.g. 250 F. Supp. 989 - South Carolina v. Davidman

3. ““Sec. 643. When any civil suit or criminal prosecution is commenced in any court of a state against any officer appointed under or acting by authority of any revenue law of the United States now or hereafter enacted, or against any person acting under or by authority of any such officer, on account of any act done under color of his office or any such law, or on account of any right, title, or authority claimed by such officer or other person under such law, ® ® * the said suit or prosecution may, at any time before the trial or final hearing thereof, bo removed for trial into the circuit court next to bo holden in the district where the same is pending, upon the petition of such defendant to said circuit court, and in the following manner. Said petition shall set forth the nature of the suit or prosecution, and be verified by affidavit; and, together with a certificate signed by an attorney or counsellor at law of some court of record of the state where such suit or prosecution is commenced, or of the United States, stating that, as counsel for the petitioner, he has examined the proceedings against him, and carefully enquired into all the matters set forth in the petition, and that he believes them to be true, shall be presented to the said circuit court, if in session, or, if it be not, to the clerk thereof at his office, and shall be filed in said office. The cause shall thereupon be entered upon the docket of the circuit court and shall proceed as a cause originally comm”

   1 later decision quote this exact passage · from the majority
   e.g. Virginia v. Bingham