Theodore MacKey v. Marion J. Koloski, Warden, Ohio Penitentiary’s Empirical Analysis
413 F.2d 1019 · 1969
Citation profile
8 federal appellate ·
How this case has been cited
Cited by 11 later decisions — most recently October 2001
8 federal appellate ·
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
Relies on State v. Perry · Freeman v. Maxwell · Coley v. Alvis · Curtis Terrell v. E. P. Perini, Supt. Marion Correctional Inst.
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.
“[a]s we said in Terrell v. Perini, 414 F.2d 1231 [ (6th Cir.1969)], and Coley v. Alvis, 15 Ohio Misc. 177 , 381 F.2d 870 [ (6th Cir.1967)], the Supreme Court of Ohio has interpreted Ohio Revised Code Section 2953.21 ... so narrowly that it would afford the appellant no effective remedy.... We hold that the appellant should not be required to apply for a delayed appeal of the denial of his motion to vacate his sentence in order to exhaust state remedies.”
1 later decision quote this exact passage · from the majoritye.g. Coleman v. Mitchell“Appeal . . . may be filed as a matter of right within thirty days after judgment and sentence or from an order overruling a motion for a new trial. . . . After the expiration of the thirty day period . such appeal may be taken only by leave of the court to which the appeal is taken.”
1 later decision quote this exact passage · from the majoritye.g. Lewis v. Cardwell“that while a delayed appeal on the merits of the conviction is open to the appellant he has not exhausted his state remedies.”
1 later decision quote this exact passage · from the majoritye.g. Via v. Perini
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.