Jones v. Squier’s Empirical Analysis
195 F.2d 179 · 1952
Citation profile
21 federal appellate · 1 state decisions
How this case has been cited
Cited by 26 later decisions — most recently July 2005 · most notably United States ex rel. Leguillou v. Davis (1954), Madigan v. Wells (1955)
21 federal appellate · 1 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 18 U.S.C. § 659 · 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on United States v. Hayman · Frank v. Mangum · Waley v. Johnston · Salinger v. Loisel · Ex Parte Tobias Watkins
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“* * * The judgment in the conspiracy and aiding and abetting case shows on its face that the court had jurisdiction of the subject matter and of the person of Jones who appeared and pleaded not guilty. Hence no relief could be afforded Jones under the Great Writ as it stood at the time the Constitution was adopted. Under that Writ the court was confined to the face of the judgment and the process by which jurisdiction over the accused was had for the sole purpose of determining whether the convicting court had jurisdiction of the prosecution and the accused. The court could not even examine the indictment to see if it charged an offense not punishable criminally. See Chief Justice Marshall's opinion for a unanimous court in Ex parte Watkins, 3 Pet. 193, 202, 209, 7 L.Ed. 650. Cf. Frank v. Mangum, 237 U.S. 309, 330, 35 S.Ct. 582, 59 L.Ed. 969. 1 "It was not until 1867 that Congress created the new forms of relief on matters not appearing in the judgment roll `in addition' to that previously available. 14 Stat. 385, 28 U.S. C. § 2241 et seq. The determination of these rights has been held not res judicata. Salinger v. Loisel, 265 U.S. 224 , 44 S.Ct. 519, 68 L.Ed. 989. It is obvious that since these additional rights were created by Congress, Congress could take them away or, as here, confine their litigation to the § 2255 proceeding.”
1 later decision quote this exact passage“The nature of the writ of error coram nobis is that it is a civil proceeding in which the judgment of the court is res judicata at least of the issues tendered and joined.”
1 later decision quote this exact passagee.g. Hickey v. Comm'r
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.