Ex Parte Frederich’s Empirical Analysis

Citation profile

59 federal appellate · 31 district · 40 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 245 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Being a civil process,” says Mr. Justice Jackson, “it cannot he converted into a remedy for the correction of mere errors of judgment or of procedure in the court having cognizance of the criminal offense. Under the writ of habeas corpus, this court can exercise no appellate jurisdiction over the proceedings of the trial court or courts of the state, nor review their conclusions of law or fact, and pronounce them erroneous.” In re Frederich, Petitioner, 149 U. S. 70 , 75, 13 Sup. Ct. 793 , 795 ( 37 L. Ed. 653 ).”

   4 later decisions quote this exact passage · from the majority
   e.g. In re Grice · In re Anderson

2. ““It is certainly tlie better practice, in cases of this kind, to put the prisoner to his remedy by writ of error from this court, under section 709 of the Revised Statutes, than to award him a writ of habeas corpus. For under proceedings by writ of error the validity of the judgment against him can be called in question, and the federal court left in a position to correct the wrong, if any, and at the same time leave the state authorities in a position to deal with him thereafter, within the limits of proper authority, instead, of discharging him by habeas corpus proceedings, and thereby depriving the state of the opportunity of asserting further jurisdiction over his person in respect to the crime with which he is charged.””

   2 later decisions quote this exact passage · from the majority
   e.g. Cohn v. Jones · Ex parte Martin

3. ““We are unable to see in this case any such special circumstances as were suggested in the case of Ex parte Royall as rendering it proper for a federal court to interpose before the trial of the ease in the state court. While the power to issue writs of habeas corpus to state courts which are proceeding in disregard of rights secured by the constitution and laws of the United States may exist, the practice of exercising such a power before the question has been raised or determined in the state courts is one which ought not to be encouraged. Should such rights be denied, his remedy in the federal court will remain unimpaired.””

   2 later decisions quote this exact passage · from the majority
   e.g. In re Grice · In re Anderson