McGarrah v. Dutton’s Empirical Analysis

Citation profile

41 federal appellate ·

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

1. ““ * * * The doctrine of comity requires that a federal habeas petitioner exhaust state court remedies that are available to him when he applies for federal habeas corpus relief. Fay v. Noia, 1963, 372 U.S. 391 , 83 S.Ct. 822 , 9 L.Ed.2d 837 . * * * Georgia has just enacted the new comprehensive post-conviction procedure * * *. Georgia has equipped itself with flexible adequate tools to meet Georgia’s responsibility in the vindication of federal constitutional rights in the trial of criminal cases. This is where it belongs.””

   2 later decisions quote this exact passage · from the majority
   e.g. Pilcher v. Beto · 277 F. Supp. 324 - Hill v. Dutton

2. “Any person imprisoned by virtue of a sentence imposed by a state court of record who asserts that in the proceedings which resulted in his conviction there was a substantial denial of his rights under the Constitution of the United States or of the State of Georgia or the laws of the State of Georgia may institute a proceeding under this section. * * *”

   2 later decisions quote this exact passage · from the majority
   e.g. Clinton Henderson v. A. L. Dutton, Warden, Georgia State Prison · Peters v. Rutledge

3. ““ * * * tends to weaken state courts as instruments for the vindication of constitutional rights, with a resultant deterioration of federal system and federal-state relations.””

   2 later decisions quote this exact passage · from the majority
   e.g. 277 F. Supp. 324 - Hill v. Dutton · Peters v. Rutledge