Glasgow v. Moyer’s Empirical Analysis

Citation profile

137 federal appellate · 29 district · 35 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 293 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The writ of habeas corpus cannot be made to perform the office of a writ of error. This has been decided many times, and, indeed, was the ground upon which a petition of appellant for habeas corpus to this court, before his trial, was decided. It is true, as we have said, that the ease had not then been tried, but the principle is as applicable and determinative after trial as before trial. This was decided in one of the eases cited, — In re Lincoln, 202 U. S. 178 , 26 S. Ct. 602 , 50 L. Ed. 984 , which cited other eases to the saíne effect. Subsequent eases have made the principle especially pertinent to the case at bar. Harlan v. McGourin, 218 U. S. 442 , 31 S. Ct. 44 , 54 L. Ed. 1101 , 21 Ann. Cas. 849, was an appeal from a judgment discharging a writ of habeas corpus petitioned for after conviction, and it was held that the writ could not be used for the purpose of proceedings in error, but was confined to a determination whether the restraint of liberty was without authority of law. In other words, as it was said, ‘Upon habeas corpus the court examines only the power and authority of the court to act, not the correctness of its conclusions.’ Matter of Gregory, 219 U. S. 210 , 31 S. Ct. 143 , 55 L. Ed. 184 , was a writ of habeas corpus brought after conviction, and we said that we were not concerned with the question whether the information upon which the petitioner was prosecuted and convicted was sufficient or whether the case set forth in an agreed statement of facts ”

   5 later decisions quote this exact passage · from the majority
   e.g. Moyer v. Anderson · Howard v. Moyer

2. ““The principle is not the less applicable because the law which was the foundation of the indictment and trial is asserted to be unconstitutional or uncertain in the description of the offense. Those questions, like others, the court is invested with jurisdiction to try, if raised, and its decision can be reviewed, like its decisions upon other questions, by writ of error.””

   1 later decision quote this exact passage · from the majority
   e.g. Mabry v. Beaumont

3. ““The principle of the cases is the simple one that if a court has jurisdiction of the case, the writ of habeas corpus cannot be em ployed to re-try [italics ours] the issues, whether of law, constitutional or other, or of fact.””

   1 later decision quote this exact passage · from the majority
   e.g. Hale v. Crawford