Baker v. Grice’s Empirical Analysis

Citation profile

66 federal appellate · 36 district · 37 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 299 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In Baker v. Grice, 169 U. S. 284 , 290 [ 18 S. Ct. 323 , 42 L. Ed. 748 ], an appeal from the final order of the Circuit Court of the United States for the Northern District of Texas, in habeas corpus, it was said: 'The court below had jurisdiction to issue the writ and to decide the questions which were argued before it. Ex parte Royall, 117 U. S. 241 [ 6 S. Ct. 734 , 29 L. Ed. 868 ]; Whitten v. Tomlinson, 160 U. S. 231 [ 16 S. Ct. 297 , 40 L. Ed. 406 ]. In the latter ease most of the prior authorities are mentioned. From these cases it clearly appears, as the settled and proper procedure, that while Circuit Courts of the United States have jurisdiction, under the circumstances set forth in the foregoing statement, to issue the writ of habeas corpus, yet those courts ought not to exercise that jurisdiction by the discharge of a prisoner unless in cases of peculiar urgency, and that instead - of discharging they will leave the prisoner to be dealt with by the courts of the state; that after'a final determination of the ease by the state court, the federal courts will even then generally leave the petitioner to his remedy by writ of error from this court. The reason for this course is apparent. It is an exceedingly delicate jurisdiction given to the federal courts by which a person under an indictment in a state court and subject to its laws may, by tbe decision of a single judge of the federal court, upon a writ of habeas corpus, be taken out of tbe custody of tbe officers of”

   11 later decisions quote this exact passage · from the majority
   e.g. United States ex rel. Drury v. Lewis · In re Matthews

2. ““ * * * Does the statute imperatively require the circuit eourt, by writ of habeas corpus, to wrest the petitioner from the custody of the state officers in advance of his trial in the state court? We are of opinion that while the circuit court has the power to do so, and may discharge the accused in advance of his trial if he is restrained of his liberty in violation of the national Constitution, it is not bound in every case to exercise such a power immediately upon application, being made for the writ. We cannot suppose that Congress intended to compel those courts by such means, to draw to themselves, in the first instance, the control of all criminal prosecutions commenced in state courts exercising authority within the same territorial limits, where the accused claims that he is held in custody in violation of the Constitution of the United States. The injunction to hear the ease summarily, and thereupon 'to dispose of the party as law and justice require,’ does not deprive the court of discretion as to the time and mode in which it will exert the powers conferred upon it. That discretion should be exercised in the light of the relations existing, under pur system of government, between the judicial tribunals of the Union and of the states, and in recognition of the fact that the public good requires that those relations be not disturbed by unnecessary conflict between courts equally bound to guard and protect rights secured by the Constitution. “That these salutary pri”

   3 later decisions quote this exact passage
   e.g. Ex parte Bass · Ex parte Bartlett

3. “* * * It is a matter of common occurrence—indeed, it is almost the undeviating rule of the courts, both state and federal—not to decide constitutional questions until the necessity for such decision arises in the record before the court. This court has followed that practice from the foundation of the government * * *.”

   2 later decisions quote this exact passage · from the majority
   e.g. Wise v. Murphy · Parish of Jefferson v. Louisiana Department of Corrections