Ex parte Farrell’s Empirical Analysis
189 F.2d 540 · 1951
Citation profile
54 federal appellate · 3 state decisions
How this case has been cited
Cited by 67 later decisions — most recently May 1999 · most notably No. 96-2355 (1999), Fitzsimmons v. Yeager (1968)
54 federal appellate · 3 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. § 1291 · 28 U.S.C. § 1651 · 28 U.S.C. § 2107 · 28 U.S.C. § 2244 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Roche v. Evaporated Milk Ass'n · House v. Mayo · Spies v. Illinois · In re Pennsylvania Co. · Employers Reinsurance Corp. v. Bryant
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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An appeal may not be taken to the court of appeals from the final order in a habeas corpus proceeding where the detention complained of arises out of process issued by a State court, unless the justice or judge who rendered the order or a circuit justice or judge issues a certificate of probable case.”
3 later decisions quote this exact passage“An appeal from an order of a United States district court dismissing a petition for writ of habeas corpus, where the detention complained of arises out of process issued by a state court, may not be taken to the court of appeals for review (1) unless notice of appeal is filed within thirty days after the entry of such order, 28 U.S.C. § 2107, and (2) unless the judge who rendered the order or a circuit justice or judge issues a certificate of probable cause, or at least unless the issuance of such certificate is applied for, within the thirty-day period, 28 U.S.C. § 2253. Following the analogy of the Matton case, supra [Matton Steamboat Co., Inc. v. Murphy, 319 U.S. 412 , 63 S.Ct. 1126, 87 L.Ed. 1483 (1943)], if such application is made to the district judge and by him denied, the case cannot be got before the court of appeals for review unless within the thirty-day period another application for the issuance of a certificate is presented to a circuit judge or the circuit justice, or * * * to the court of appeals itself”
1 later decision quote this exact passage“Where the appeal statutes establish the conditions of appellate review [such as timeliness], an appellate court cannot rightly exercise its authority to issue a writ under the 'all writs' section, 28 U.S.C. § 1651, the only effect of which would be to avoid those conditions and thwart the congressional policy. For us to grab hold of the present case under 28 U.S.C. § 1651 would not be in aid of our appellate jurisdiction ..., but would be a palpable evasion of the statutory conditions which Congress has seen fit to impose....”
1 later decision quote this exact passagee.g. No. 96-2355
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.