United States v. Gallagher’s Empirical Analysis
183 F.2d 342 · 1950
Citation profile
102 federal appellate · 8 district · 7 state decisions
How this case has been cited
Cited by 147 later decisions — most recently July 2011 · most notably Marteney v. United States (1954), Keto v. United States (1951)
102 federal appellate · 8 district · 7 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
Applies 11 U.S.C. § 511 (§ 704 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 15 U.S.C. § 5 (§ 5 of the Sherman Antitrust Act) · 28 U.S.C. § 1406 · 28 U.S.C. § 2361
Relies on Kercheval v. United States · Panama Co v. Johnson · Pope v. United States · Central Land Co of West Virginia v. Laidley · Corrigan v. Buckley
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 147 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[Defendant] appears to think that even though he pleaded guilty to the charge against him the court was without jurisdiction to enter a judgment of conviction because, as he now asserts, he was not in fact guilty of the offense charged. But his plea of guilty was itself a conviction and the court had merely to give judgment and sentence thereon. This the court unquestionably had power to do. For even if the action of the court could be considered as a determination that the facts justified the conviction and this was erroneous, the error would not have been jurisdictional in the sense that it would have deprived the court of the power to hear and determine the case. * * * Moreover a wrong decision upon the merits does not constitute a denial of due process of law if the opportunity of a full hearing is afforded. Such a decision, therefore, does not involve a denial of constitutional rights which may be made the basis of a motion under Section 2255.””
4 later decisions quote this exact passage · from the majority““Unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall cause notice thereof to be served upon the United States Attorney, grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto.””
1 later decision quote this exact passage · from the majority“§ 3231 District courts "The district courts of the United States shall have original jurisdiction, exclusive of the courts of the States, of all offenses against the laws of the United States.”
1 later decision quote this exact passage · from the majority
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.