Owsley v. Peyton’s Empirical Analysis
352 F.2d 804 · 1965
Citation profile
11 federal appellate · 1 district · 11 state decisions
How this case has been cited
Cited by 25 later decisions — most recently December 2017 · most notably Dyer v. Calderon (1998), Magouirk v. Phillips (1998)
11 federal appellate · 1 district · 11 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 Commonwealth v. Negri · Nathan Thomas v. W. K. Cunningham, Jr., Superintendent of the Virginia State Penitentiary · Cabaniss v. Cunningham · Stonebreaker v. Smyth
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Even if this court could make a change in the law of the state this fact would not necessarily deny relief to the defendant. The case relied upon by the state, Stonebreaker v. Smyth, 163 F.2d 498 (4th Cir. 1947), involved a situation where the law had been changed by Supreme Court decisions which are necessarily binding upon the states. The Thomas ease [Thomas v. Cunningham, 313 F.2d 934 (4 Cir. 1963)], was decided by this Court of Appeals. Though state courts may for policy reasons follow the decisions of the Court of Appeals whose circuit includes their state * * *, they are not obliged to do so. Owsley v. Peyton, 352 F.2d 804, 805 (4th Cir. 1965).”
1 later decision quote this exact passage · from the majoritye.g. James v. Cox
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.