Cantrell v. Folsom’s Empirical Analysis

Citation profile

4 federal appellate · 2 state decisions

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

1. “Certainly the declaratory relief sought is available in the appropriate circumstances. See Federal Habeas Corpus, Sokol, § 6.2; United States v. Martin, 242 F.2d 701 (2d Cir. 1957): ‘If the petitioner shows that he “is suffering and will continue to suffer, serious disabilities because of the law’s complexities and not because of his fault,” then the alternatives are to deny the petitioner a judicial remedy in the federal courts — an alternative that would reflect badly on our system of justice; to give him judicial access by means of habeas corpus; to give him judicial access not by habeas corpus but by some other means.’ Sokol, at page 79, citing from the opinion in Carafas v. LaVallee, 391 U.S. 234 , 88 S.Ct. 1556 , 20 L.Ed.2d 554 (1968). It appears that the facts averred under the existing circumstances present a real controversy between the parties having adverse legal interests of such immediacy and reality as to warrant a declaratory judgment. Altvater v. Freeman, 319 U.S. 359 , 63 S.Ct. 1115 , 87 L.Ed. 1450 (1943).”

   1 later decision quote this exact passage · from the majority
   e.g. Jean v. Meissner