Weber v. Steele, Warden, U.S. Medical Center (Two Cases)’s Empirical Analysis

Citation profile

31 federal appellate · 1 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * A motion to vacate or correct a sentence can be made in the sentencing court at any time. A denial of such a motion by that court is subject to review by the Court of' Appeals of the Circuit in which the sentencing court is locat ed, and on certiorari by the Supreme Court of the United States. “The purpose of Section 2255 was to require a federal prisoner to exhaust his remedies in the courts of the District and Circuit in which he was convicted and sentenced, and to apply to the Supreme Court, on certiorari from a denial of such remedies, before seeking release on habeas corpus. This means that he must exhaust all the ordinary remedies available to him before applying for an extraordinary remedy. See Berkoff v. Humphrey, 8 Cir., 159 F.2d 5 , 7-8; Byrd v. Pescor, 8 Cir., 168 F.2d 775 , 779-780; Armstrong v. Steele, 8 Cir., 181 F.2d 763 , 764; Pinkerton v. Steele, 8 Cir., 181 F.2d 536 .””

   6 later decisions quote this exact passage · from the majority
   e.g. Martin v. United States · Simmons v. United States

2. ““ * * * the prisoner has no right to relief by habeas corpus where there exists the right to relief under 28 U.S. C.A. § 2255; and the fact that the motion has been denied does not give the right to resort to habeas corpus, even if the movant is entitled to relief, since the remedy in such case is by appeal. Only where the remedy by motion with appeal therefrom is inadequate or ineffective to test the legality of the detention may there be resort to habeas corpus.””

   3 later decisions quote this exact passage · from the majority
   e.g. Higgins v. Steele · Anderson v. Settle

3. ““A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or correct the sentence.””

   2 later decisions quote this exact passage · from the majority
   e.g. Martin v. United States · 214 F. Supp. 779 - Smith v. Settle