Plater v. Warden’s Empirical Analysis

Citation profile

2 district · 4 state decisions

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

1. ““ * * * pye it is perfectly clear that the application for habeas corpus was such another proceeding ‘to secure relief from his conviction’, and that, upon affirmance by this Court it was ‘finally litigated’. Cf. Byrd v. Warden, 219 Md. 681 , 147 A.2d 701, 703 , and Tillett v. Warden, [ 220 Md. 677 ] 154 A.2d 808 . Under the Habeas Corpus Act, Code (1957), Art. 42, sec. 6, it is provided that upon denial of an application for leave to appeal, ‘the order sought to be reviewed shall thereby become final to the same extent and with the same effect as if said order had been affirmed on appeal.’ Davis v. Warden, 211 Md. 606 , 125 A.2d 841 . The right to apply for leave to appeal was, of course, cut off by the repeal of sec. 6 by sec. 1, ch. 45, Acts of 1958, but that does not affect the finality of points finally litigated under the former procedure.” (Plater v. Warden, 1959, 220 Md. 673, 675 , 154 A.2d 811, 812 ).”

   1 later decision quote this exact passage · from the majority
   e.g. 217 F. Supp. 579 - Rudolph v. Warden, Maryland Penitentiary