Shoemaker v. Dowd, Warden’s Empirical Analysis

Citation profile

40 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The general common law rule as to the rule of res judicata in proceedings for writ of habeas corpus is that a decision under one writ of habeas corpus, refusing to discharge a prisoner, is not a bar to the issuance of another writ. This was the early common law rule and the federal courts, as well as many state courts, have generally accepted or given effect to this rule where not changed by statutory enactment. (Cases Omitted.) However, it has been repeatedly held that where a second or subsequent application is based on the same, or not materially different facts, a prior refusal to discharge may constitute authority for refusal on subsequent applications. (Cases Omitted.) “In jurisdictions where an appeal from the refusal to grant the writ or to discharge the applicant is provided and the refusal has been affirmed by an appellate tribunal, such action is conclusive authority for denial on subsequent applications based upon the same or similar facts. (Cases Omitted.) “Giving to the applicant the right of appeal deprives him of the unrestricted right of repeated application for the writ as it existed prior to the practice of granting appeals in habeas corpus proceedings. When he acquired the right of appeal he surrendered the right of unlimited application based upon the same or similar facts. (Cases Omitted.) “No appeal was taken by applicant from the judgment of the Hamilton Circuit Court. Having failed to avail himself of this right, he cannot use the writ of habeas corp”

   1 later decision quote this exact passage
   e.g. Adams v. Eads

2. ““No appeal was taken by the appellant from the judgment of the Hamilton Circuit Court. Having failed to avail himself of this right, he cannot, use a writ of habeas corpus for the purpose of an appeal.””

   1 later decision quote this exact passage
   e.g. Dowd, Warden v. Todd

3. ““The common law rules of res ad judicata shall apply to proceedings for writs of habeas corpus in criminal matters.””

   1 later decision quote this exact passage
   e.g. Adams v. Eads