Montez v. Eyman’s Empirical Analysis

Citation profile

7 federal appellate · 1 district · 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “* * * we recognize that there is some evidence and inferences to be drawn therefrom in support of the findings of the District Court * * *.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Montez · Rosalio B. Montez v. Frank A. Eyman, Warden

2. ““ * * * The cause is remanded to the District Court with instructions to hold the proceedings in abeyance for such reasonable period of time as the District Court may determine in order to afford appellant an opportunity to move the Supreme Court of Arizona for a delayed appeal, and if such motion be filed, for such additional period of time as may be required to afford the Supreme Court of Arizona an opportunity to act upon such motion and, if granted, to determine the merits of appellant’s delayed appeal. If appellant fails to file such motion, or if such motion be filed and denied, or if granted and the decision of the Supreme Court of Arizona on the delayed appeal is unfavorable to the appellant, then on the happening of any of said events the District Court shall reconsider the appellant’s petition in light of the. views expressed by the Supreme Court of the United States in Townsend v. Sain, 372 U.S. 293 , 83 S.Ct. 745 , 9 L.Ed.2d 770 (1963), and Fay v. Noia, 372 U.S. 391 , 83 S.Ct. 822 , 9 L.Ed.2d 837 (1963). If the decision of the Supreme Court of Arizona grants to appellant a new trial, the proceedings before the District Court should be dismissed as moot.””

   1 later decision quote this exact passage · from the majority
   e.g. 275 F. Supp. 554 - Montez v. Eyman

3. ““reluctant to pass on the merits of appellant’s contentions without giving the Supreme Court of Arizona the first opportunity to determine whether appellant was denied due process and a fair trial in the state court proceedings.” Ibid.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Montez