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← 370 F.2d 1 - Chestnut v. New York

Chestnut v. New York’s Empirical Analysis

370 F.2d 1 · 1966

Citation profile

37
cited by 37 later decisions
3
states following
June 2013
most recently cited

10 federal appellate · 2 district · 10 state decisions

How this case has been cited

Cited by 37 later decisions — most recently June 2013 · most notably Krug v. Sterling Drug, Inc. (1967), 259 Cal. App. 2d 30 - People v. Mason (1968)

10 federal appellate · 2 district · 10 state decisions

190196619701980199020002010decided

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 18 U.S.C. § 243 · 28 U.S.C. § 1443 · 28 U.S.C. § 1447 · 42 U.S.C. § 1981 (Civil Rights Act of 1866)

Relies on Townsend v. Sain · Fay v. Noia · Swain v. State of Alabama · Brown v. Allen · Dombrowski v. Pfister

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

  1. ““[N]o federal law confers immunity from state prosecution * * *. It is not enough to support removal under § 1443(1) to allege or show that the defendant’s federal equal civil rights have been illegally and corruptly denied by state administrative officials in advance of trial, that the charges against the defendant are false, or that the defendant is unable to obtain a fair trial in a particular state court. The motives of the officers bringing the charges may be corrupt, but that does not show that the state trial court will find the defendant guilty if he is innocent, or that in any other manner the defendant will be ‘denied or cannot enforce in the courts’ of the State any right under a federal law providing for equal civil rights. The civil rights removal statute does not require and does not permit the judges of the federal courts to put their brethren of the state judiciary on trial. Under § 1443(1), the vindication of the defendant’s federal rights is left to the state courts except in the rare situations where it can be clearly predicted by reason of the operation of a pervasive and explicit state or federal law that those rights will inevitably be denied by the very act of bringing the defendant to trial in the state court.””
    2 later decisions quote this exact passage · from the majority
  2. ““Any of the following civil actions or criminal prosecutions, commenced in a State court may be removed by the defendant to the district court of the United States for the district and division embracing the place wherein it is pending: (1) Against any person who is denied or cannot enforce in the courts of such State a right under any law providing for the equal civil rights of citizens of the United States, or of all persons within the jurisdiction thereof; (2) , For any act under color of authority derived from any law providing for equal rights, or for refusing to do any act on the ground that it would be inconsistent with such law.””
    1 later decision quote this exact passage · from the majority
  3. ““We believe that the alleged illegality of New York Grand Jury can be amply litigated in the state courts. It would be unseemly, therefore, for us to prejudge our brethren of the state courts and conclude that appellants will be foreclosed from enforcing their rights in a state forum. The healthy functioning of our federal sustem is fostered when the administration of the state’s criminal laws and the determination of their validity is left in the first instance to the courts of the state.” 370 F.2d at p. 6.”
    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.