Bob Fred Ashe v. Harold R. Swenson, Warden’s Empirical Analysis
399 F.2d 40 · 1968
Citation profile
11
cited by 11 later decisions
2
cited 2 times by the Supreme Court
April 1972
most recently cited
7 federal appellate · 1 district ·
Appellate journey
Relationships
Relies on Blockburger v. United States · Pointer v. Texas · Duncan v. State of Louisiana · Palko v. State of Connecticut · Dunn v. United States
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“This court is not the Supreme Court of the United States. We therefore are not free to disregard an existing fiat and still live holding of the Supreme Court even though that holding is one by a sharply divided tribunal * * *. A change in constitutional concept and the overruling of an existing decision, if indicated at all, is for the Supreme Court and is not for us. Firmness of precedent otherwise could not exist. Further, we deal here with no mere implication or interpretation of language. We are confronted with a specific holding. Id. 399 F.2d at 45 .”
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.