Buchanan v. O'Brien’s Empirical Analysis
181 F.2d 601 · 1950
Citation profile
14 federal appellate · 4 district ·
How this case has been cited
Cited by 20 later decisions — most recently September 1973
14 federal appellate · 4 district ·
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 Townsend v. Burke · Darr v. Burford · Betts v. Brady · Gryger v. Burke · Ex Parte Hawk No - on Rule to Show Cause and Return
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If it were true that petitioner could not in any way obtain an adjudication of his claim by the full bench, because of his financial inability to bear the cost of preparing and printing the record, this would probably constitute a circumstance `rendering such process [ i. e., a theoretical right to review by the full bench] ineffective to protect the rights of the prisoner' within the meaning of 28 U.S.C.A. § 2254. It may well be that the normal procedure of review by the full bench on a printed record of the proceeding before the single justice, as provided in Ch. 231, § 135, Mass.Gen.L.(Ter. Ed.), cannot be had without prepayment by the litigant to the clerk of the estimated cost of printing. But if in the writ of error proceeding Buchanan had applied to the Supreme Judicial Court for leave as a pauper to present his exceptions to the full bench on a typewritten record, or even on the original papers, it would be gratuitous for us to assume, in the absence of authoritative state precedent, that that court would have deemed itself so lacking in inherent power as to be helpless to afford a review in this manner to an indigent petitioner making a serious claim of unconstitutional deprivation of liberty. We are particularly unwilling to make any such assumption in view of the statutory definition of the august functions of the Supreme Judicial Court found in Ch. 211, § 3, Mass. Gen.L.”
1 later decision quote this exact passagee.g. O'brien v. Lindsey“unless the court or a justice shall otherwise order.”
1 later decision quote this exact passagee.g. O'brien v. Lindsey
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.