Willis v. Utecht’s Empirical Analysis

Citation profile

6 federal appellate · 5 district ·

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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * the Congress of the United States in revising the ‘Judicial Code’ * * * provided * -¡¡- *. “ ‘2254. State custody; remedies in State courts. An application for a writ of habeas corpus in behalf of a person in custody pursuant, to the judgment of a State court shall not be granted unless it appears that the applicant has exhausted the remedies available in the courts of the State, or that there is either an absence of available State corrective process or the existence of circumstances rendex*ing such process ineffective to protect the rights of the prisoner. “ ‘An applicant shall not be deemed to have exhausted the -remedies available in the courts of the State, within the meaning of this section, if he has the right under the law of the State to raise, by any available procedure, the question presented.’ * * * “Appellants rely on their claim that they have filed their petitions for writs of habeas corpus in the sevex-al courts of Minnesota in forma pauperis; that this entitles them, as a matter of right, to have their papers filed, and as the clerks and the several courts have erroxxeously refused to file their pleadings in forma pauperis, they are unable to proceed further, and thus have exhausted any and all state remedies. “In this claim the appellants are mistaken as an action in forma pauperis, or an appeal, is entirely statutory and is a privilege, not a right, and no requirement of due process is involved.” Citing cases.”

   1 later decision quote this exact passage · from the majority
   e.g. Kubus v. Swenson