Whaley v. Avery’s Empirical Analysis
1927
Citation profile
2 federal appellate · 15 state decisions
How this case has been cited
Cited by 18 later decisions — most recently October 1999
2 federal appellate · 15 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
Relies on Riggs v. . Palmer · Cowie v. Strohmeyer · Nunnemacher v. State · Wall v. Pfanschmidt · 2 E.H. Smith 149 - Ellerson v. . Westcott
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.
““It is our view, however, that the act of vesting and that of taking are simultaneous; that there can be no vesting without a taking, even if that taking be only for the short period of a second; that if there be a vesting, even for the shortest unit of time, there is visited upon the criminal a punishment in addition to that provided for by law. In other words, it amounts to an attainder or a corruption oí blood, prohibited by the constitution.””
1 later decision quote this exact passagee.g. Wilson v. Hendrie““Each branch of the government is supreme in its field, and if one branch invades the territory of another, contrary to the fundamental law, it results in an attack upon the very foundation of the government itself, and the result must necessarily be disastrous and revolutionary in its nature.””
1 later decision quote this exact passage
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.