Johnson v. Avery’s Empirical Analysis
1966
Citation profile
4 federal appellate · 4 state decisions
Relationships
Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2242 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Fay v. Noia · Jones v. Cunningham · McNally v. Hill · Coffin v. Reichard · Commonwealth Ex Rel. Stevens v. Myers
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Finally, petitioner has requested the Court to furnish him with various legal materials and Supreme Court reports. The Court agrees with the respondents that the state is not required to furnish these materials and reports to the petitioner. See, for example, Barber v. Page, 239 F.Supp. 265 (E.D.Okl.1965). Furthermore, the Court notes that habeas corpus petitions need not, and indeed should not, contain extensive legal citations. All that is required is a short, simple and intelligible statement of the facts upon which the petitioner bases his claim for relief. Consequently, petitioner’s request for legal materials and reports is hereby denied.””
1 later decision quote this exact passage“[the writ of habeas corpus] is not now and never has been a static, narrow, formalistic remedy; its scope has grown to achieve its grand purpose— the protection of individuals against erosion of their right to be free from wrongful restraints upon their liberty. Jones v. Cunningham, supra 371 U.S. at 243 , 83 S.Ct. at 377 .”
1 later decision quote this exact passage“The present regulation, however, is absolute in its terms, it affords no alternatives, and it has the practical effect of silencing forever any constitutional claims which many prisoners might have. Johnson v. Avery, supra 252 F.Supp. at 785 .”
1 later decision quote this exact passage
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.