Rushing v. Wilkinson’s Empirical Analysis
272 F.2d 633 · 1959
Citation profile
30 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 38 later decisions (1 by the Supreme Court) — most recently May 2021 · most notably David Busby v. William C. Holman, Warden, Kilby Prison (1966), Smith v. Heard (1963)
30 federal appellate · 1 district · 1 state decisions
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
Relies on Johnson v. Zerbst · Burns v. Wilson · Reid v. Covert · United States Ex Rel. Toth v. Quarles · Leyra v. Denno
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The military courts, like the state courts, have the same responsibilities as do the federal courts to protect a person from a violátion of his constitutional rights. In military habeas corpus cases, even more than in state habeas corpus cases, it would be in disregard of the statutory scheme if the federal civil courts failed to take account of the prior proceedings — of the fair determinations of the military tribunals after all military remedies have been exhausted. Congress has provided that these determinations are “final” and “binding” upon all courts. We have held before that this does not displace the civil courts’ jurisdiction over an application for habeas corpus from the military prisoners, (citation omitted) But these provisions do mean that when a military decision has dealt fully and fairly with an allegation raised in that application, it is not open to a federal civil court to grant the writ simply to re-evaluate the evidence, (citation omitted) ****** * * * [I]t is not the duty of the civil courts * * * to re-examine and reweigh each item of evidence of the occurrence of events which tend to prove or disprove one of the allegations in the applications for habeas corpus. It is the limited function of the civil courts to determine whether the military have given fair consideration to each of these claims, (citation omitted) 346 U.S. at 142, 144, 73 S.Ct. at 1048 (emphasis supplied)”
1 later decision quote this exact passage · from the majoritye.g. Allen v. VanCantfort“conclusively rejected the concept advocated by Justice Minton that habeas corpus review should be restricted to questions of formal jurisdiction.”
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.