Gusik v. Schilder’s Empirical Analysis
340 U.S. 128 · 1950
Citation profile
302 federal appellate · 45 district ·
How this case has been cited
Cited by 610 later decisions (40 by the Supreme Court) — most recently September 2020 · most notably Lindh v. Murphy (1997), Burns v. Wilson (1953)
302 federal appellate · 45 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.
Appellate journey
reviewedSchilder v. Gusik (from Sixth Circuit Court of Appeals)
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Mooney v. Holohan · Ex Parte Hawk No - on Rule to Show Cause and Return · In re Grimley · Martin v. Mott
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 610 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“* * * a deferment of resort to the writ * * *.”
17 later decisions quote this exact passage · from the majority“Under such regulations as the President may prescribe, the Judge Advocate General is authorized, upon application of an accused person, and upon good cause shown, in his discretion to grant a new trial, or to vacate a sentence, * * * in any court-martial case in which application is made within one year after final disposition of the case upon initial appellate review: Provided, That with regard to cases involving offenses committed during World War II, the application for a new trial may be made within one year after termination of the war, or after its final disposition upon initial appellate review as herein provided, whichever is the later: * * *.”
1 later decision quote this exact passage · from the majoritye.g. Osborn v. Swope““The appellate review of records of trial provided by this chapter the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by this chapter, and all dismissals and discharges carried into execution pursuant to sentences by courts-martial following approval, review,, or affirmation as required by this chapter, shall be final and conclusive, and orders publishing the proceedings of courts-martial and all action taken pursuant to such proceedings shall be binding upon all departments, courts, agencies, and officers of the United States * * *”
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.