Van Buskirk v. Wilkinson’s Empirical Analysis
216 F.2d 735 · 1954
Citation profile
43 federal appellate · 6 district ·
How this case has been cited
Cited by 66 later decisions — most recently May 2019 · most notably Greenfield v. Scafati (1967), Francis T. Glynn v. Robert Donnelly, John M. Farrell v. Robert Donnelly (1972)
43 federal appellate · 6 district ·
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. § 1331 · 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)
Relies on Chicot County Drainage District v. Baxter State Bank · Ex parte Poresky · Walker v. Johnston · Beal v. Missouri Pac Rr Corporation · Reiner v. United States
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.
““A warrant for the retaking of any prisoner who has violated his parole, may be issued within the maximum term for which he was sentenced. The unexpired term of imprisonment of any such prisoner shall begin to run from the date he is returned to the custody of the Attorney General under said warrant, and the time the prisoner was on parole shall not diminish the time he was sentenced to serve.””
4 later decisions quote this exact passage · from the majority““So long as it does not transcend constitutional limitations, such as the prohibition of cruel and unusual punishment, enactment of ex post facto laws and the like, Congress has the power to prescribe such punishment as it may see fit for violation of its valid criminal statutes. If the punishment is imprisonment, Congress may specify how and in what manner the imprisonment shall be served. And any curtailment of punishment, such as allowance of time off for good conduct, may be coupled with conditions. “When appellant was conditionally released, he became subject to all the provisions of law relating to parole, one of which was that if he violated his parole he should again be taken into custody and the time spent on parole should not diminish the time he was originally sentenced to serve. The allowance of credit for time served outside the penitentiary on parole status was conditioned on continuance of his good behavior. By his own misconduct he breached the condition and forfeited allowance for time served on parole. When he was again taken into custody he began service of the remaining portion of his sentence which had been provisionally deferred. Such added service, under the statutory conditional release plan, was potentially a part of his original sentence and hence did not increase his sentence nor subject him to double jeopardy.” 216 F.2d 735 , at p. 738”
3 later decisions quote this exact passage · from the majority“It is not necessary for [petitioner] to seek extraordinary equitable relief or to counter the traditional reluctance of the courts to enjoin criminal prosecutions and the enforcement of penal statutes [cases cited]. He has a plain, direct, and adequate remedy by petition for writ of habeas corpus. It is a speedy remedy, entitled by statute to special, preferential consideration to insure expeditious hearing and determination.”
2 later decisions quote this exact passage · from the majority
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.