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← 37 Gummere 507 - In Re Rose

In Re Rose’s Empirical Analysis

1939

Citation profile

27
cited by 27 later decisions
2
states following
May 2014
most recently cited

5 federal appellate · 21 state decisions

How this case has been cited

Cited by 27 later decisions — most recently May 2014 · most notably Kozlowski v. Kozlowski (1979), United States ex rel. Auld v. Warden of New Jersey State Penitentiary (1951)

5 federal appellate · 21 state decisions

140193919401950196019701980199020002010decided

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 Ex parte Siebold · Mining Company v. Taylor · State ex rel. Gehrmann v. Osborne

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

  1. “In the case under cOPsideratioP, it is apparent that the statute having been declared unconstitutional, there was no jurisdiction in the trial court, aqd any propeedings thereunder were wholly void. And this conclusion is not shaken because the prisoner pleaded guilty. There was rto violation of law and no offense committed. Hence the prisoner is hot lawfully detained.”
    1 later decision quote this exact passage
    e.g. Chance, Donald Ray
  2. “[I]n case of conviction under an unconstitutional law, the judgment thereon may be impeached in habeas coipüs proceedings to establish the right of the person detained of his liberty and that, in such case, the trial court is without jurisdiction; that the judgment is utterly void and may be collaterally attacked.”
    1 later decision quote this exact passage
    e.g. Chance, Donald Ray

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.