Illinois v. Fletcher’s Empirical Analysis

Citation profile

1 federal appellate · 1 district ·

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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is charged in the indictment that the petitioner shot and murdered William Curnan on the 4th day of November, 18S4, in the county of Cook, state of Illinois, and the petition distinctly asserts that ‘neither of them fired any shot nor did any act by reason of which the said Curnan came to his death, as set forth in the indictment.’ If they neither did the shooting, nor in any way contributed to Curnan’s death, it follows that they have not been indicted for an act or acts done by them as deputy marshals of the 'United States, and this court has no right to interfere with the jririsdietion of the state court. It is true the petition contains an averment that the indictment was found against the petitioners for acts done by them, if done at all, as deputy marshals of the United States, while in the performance of their duties as such. They did the killing, or contributed to it, or they did not; and nothing short of a positive averment that they did the act for which they stand in-' dieted, and did it in the line of their duty as deputy marshals of the United States, or under color of their authority as such officers, will entitle them to a removal of the case from the state court to this court for trial.””

   1 later decision quote this exact passage
   e.g. Alabama v. Peak

2. “Section 33. Judicial Code (Act March 3, 1911, c. 231, 36 Stat. 1097 [Comp. St. 1916, § 1015]): “When any civil suit or criminal prosecution is commenced in any court of a state against any officer appointed under or acting by authority of any revenue law of the United States, now or hereafter enacted, or against any person acting under or by authority of any such officer, on account of any act done under color of his office, or of any such law, or on account of any right, title, or authority claimed by such officer or other person under such law, * * * the said * prosecution may, at any time before the trial or final hearing thereof, be removed for trial into the District Court next to be holdeu in the district where the same is pending, upon the petition of such defendant to said District Court, and in the following manner.””

   1 later decision quote this exact passage
   e.g. Alabama v. Peak