Council v. Smyth’s Empirical Analysis
1959
Citation profile
3 federal appellate · 24 state decisions
How this case has been cited
Cited by 27 later decisions — most recently May 2018 · most notably Brooks v. Peyton (1969), William C. Shiflett v. Commonwealth of Virginia, and C. C. Peyton, Superintendent of the Virginia State Penitentiary, John Henry Love v. Commonwealth of Virginia, Orrillion D. James v. C. C. Peyton, Superintendent of the Virginia State Penitentiary (1971)
3 federal appellate · 24 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 Brown v. Allen · Ex Parte Belt · Raymond Thomas Council v. Commonwealth · Royster v. Smith · Hanson v. Smyth
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“No state is obliged to furnish multiple remedies for the same grievance. Most states, and with good reason, will not suffer a collateral attack such as habeas corpus to be used as a substitute for or duplication of the appeal. A state properly may deny habeas corpus to raise either state or federal issues that were or could have been considered on appeal.”
1 later decision quote this exact passage · from the majoritye.g. Bonhom v. Angelone“where there is enough on the face of the [indictment] to charge the defendant with the commission of an offense known to the law”
1 later decision quote this exact passage · from the majoritye.g. Reed v. Com.“against the peace and dignity of the Commonwealth”
1 later decision quote this exact passage · from the majoritye.g. Swiney v. Rogers
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.