Stewart v. Smyth’s Empirical Analysis

Citation profile

1 federal appellate · 2 district ·

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

1. “He cannot merely allege that he is illegally detained and, without more, require his custodian to prove the legality of his confinement. It is his burden “to allege and prove primary facts, not inferences, that show, notwithstanding the strong presumption of constitutional regularity in state judicial proceedings, that in his prosecution the state so departed from constitutional requirements as to justify a federal court’s intervention to protect the rights of the accused.” 288 F.2d at 363 .”

   1 later decision quote this exact passage · from the majority
   e.g. Redd v. Peyton