Small v. Commanding General’s Empirical Analysis
1970
Citation profile
2 federal appellate · 1 district ·
How this case has been cited
Cited by 6 later decisions — most recently June 2012
2 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 10 U.S.C. § 866 · 10 U.S.C. § 869 · 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Jones v. Cunningham · Gusik v. Schilder · Noyd v. Bond
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is a well-settled rule that a petitioner must exhaust all available military relief before coming into' this Court to challenge the judgment of that military tribunal. Noyd v. Bond, 395 U.S. 683, 693 , 89 S. Ct. 1876 , 23 L. Ed. 2d 631 (1969). The policy underlying the exhaustion rule is twofold. The unused military procedure may be completely dispositive of the alleged defect, thus making intervention by the federal court wholly needless. If the military procedure proves to be adequate, potential friction between the federal and military systems is thus avoided. Gusik v. Schilder, 340 U.S. 128, 131-132 , 71 S. Ct. 149 , 95 L. Ed. 146 (1950). [Id. at 1045.]”
2 later decisions 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.