Stewart v. Overholser’s Empirical Analysis
186 F.2d 339 · 1950
Citation profile
44 federal appellate · 11 district · 5 state decisions
How this case has been cited
Cited by 66 later decisions — most recently September 2009 · most notably Blair-Bey v. Quick (1998), Dixon v. Jacobs (1970)
44 federal appellate · 11 district · 5 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 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2243 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2244 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Von Moltke v. Gillies · Darr v. Burford · Walker v. Johnston · Johnson v. Eisentrager · Waley v. Johnston
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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“On the return of the writ of habeas corpus and the production of the person detained the court or justice shall immediately inquire into the legality and propriety of such confinement or detention, and if it shall appear that such person is detained without legal warrant or authority, he shall immediately be released or discharged; or if the court or justice shall deem his detention to be lawful and proper, he shall be remanded to the same custody, or, in a proper case, admitted to bail, if he be confined on a charge of a bailable criminal offense; and if he be bailed, the court or justice shall require a sufficient bond or recognizance to answer in the proper court, and transmit the same to said court.”
1 later decision quote this exact passage · from the dissent“* * * The petition plus the return to the order to show cause clearly posed a factual issue which should have been resolved by a hearing, with both sides given the opportunity of introducing evidence. * * * * * * * * "* * * This Court's discussion [in Dorsey v. Gill] * * * should not be construed as indicating that there is any discretion in the court as to whether or not to grant a hearing where, as in the present case, an examination of the petition and the return to the rule to show cause clearly reveals that a determinative factual issue is posed. * * * * * * * * "* * * an error was committed in not granting a hearing on the issue of fact posed by the petition and the return. * * *”
1 later decision quote this exact passage · from the dissent“The said writ shall be served by delivering it to the officer or other person to whom it is directed, or by leaving it at the prison or place at which the party suing it out is detained; and such officer or other person shall forthwith, or within such reasonable time as the court or justice shall direct, make return of the writ and cause the person detained to be brought before the court or justice, according to the command of the writ, and shall likewise certify the true cause of his detainer or imprisonment, if any, and under what color or pretense such person is confined or restrained of his liberty.”
1 later decision quote this exact passage · from the dissent
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.