Mason McCoy v. E. H. Tucker, Warden, West Virginia State Penitentiary’s Empirical Analysis
259 F.2d 714 · 1958
Citation profile
17 federal appellate · 1 district ·
How this case has been cited
Cited by 25 later decisions — most recently March 1979 · most notably Alexander v. Harris (1979), Hobbs v. Pepersack (1962)
17 federal appellate · 1 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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) · 28 U.S.C. § 2243 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2244 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Brown v. Allen · Darr v. Burford · Frisbie v. Collins · Hawk v. Olson · Quirin Haupt Kerling Burger Heinck Thiel Neubauer United States Quirin v. Cox Usa 6
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The role of federal courts in the review of state proceedings on ha-beas corpus is a restricted one. They are without authority to retry issues falling within the jurisdiction of the states. Only if it is made to appear that a state prisoner is detained in violation of the Constitution or laws or treaties of the United States can federal jurisdiction arise. Even in such cases, in a system of dual sovereignties orderly procedure requires that the federal court shall refrain from intervening until the state courts have had opportunity to consider and pass upon the points raised. If the state remedy has not been exhausted, including appeal to the state’s highest court and petition in the United States Supreme Court for certiorari, the lower federal courts do not' ordinarily act. “When state remedies have been exhausted, the applicant for federal habeas corpus still does not have an automatic right to a hearing. ‘That most claims are frivolous,’ said Justice Frankfurter, ‘has an important bearing upon the procedure to be followed by a district judge,’ Brown v. Allen, 1953, 344 U.S. 443, 460 , 73 S. Ct. 397, 409, 443 , 97 L.Ed. 469 , and the judge, in his discretion, may refuse the writ without evidence or argument. If the application itself fails to set forth facts stating a prima facie case for federal relief, it may be dismissed summarily, without more, although the applicant is afforded the opportunity to amend a deficient application. 28 U.S.C.A. § 2242 .””
2 later decisions quote this exact passage · from the majority“* * * Moreover, where the application states a case for relief, but the district judge discovers from an examination of the record that the state process has given fair consideration to the issues and the evidence, even where the facts are disputed, if the judge is satisfied with the conclusion reached in the state courts, he may likewise deny the writ without hearing or argument.”
1 later decision quote this exact passage · from the majority
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.