Ex parte Kieffer’s Empirical Analysis

Citation profile

1 federal appellate · 1 district ·

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. ““At the outset we are met by this question: Is this a case in which the-writ of habeas corpus should be allowed, even though these ordinances be- deemed invalid? The causes of Ex parte Royall, 117 U. S. 241 , 6 Sup. Ct. 734 [ 29 L. Ed. 868 ], and Ex parte Fonda, 117 U. S. 516 , 6 Sup. Ct. 848 [ 29 L. Ed. 994 ], affirm that there is a discretion in the federal courts in the matter of habeas corpus, both before and after trial and judgment in the state court, and in cases in which the act under which the prosecution is had is challenged as in conflict with the federal Constitution. The court, in one — perhaps both — of these opinions, declares that it is not to be assumed that the state courts will not administer the law correctly, and accord to the party all the rights guarantied to him by the federal Constitution. Therefore it is often the proper way to decline to allow the writ, leaving the party to enforce his rights in the state courts. So it is argued that, if it be true that these ordinances are in conflict with the federal Constitution, the petitioner has his remedy. He can appeal his case from the police to the district court, from there to the Supreme Court of the state, and thence to the Supreme Court of the United States. While that is true, yet he has no adequate relief in that way. He is now under sentence, and he cannot appeal without bond. He will be subjected to trial in the district court, possibly to an inquiry in the Supreme Court of the state, and finally i”

   1 later decision quote this exact passage
   e.g. In re Matthews