United States v. Davis’s Empirical Analysis
413 F.2d 148 · 1969
Citation profile
36 federal appellate · 5 district ·
Relationships
Applies 50 U.S.C. § 3811
Relies on McKart v. United States · Yakus v. United States · Estep v. United States · Falbovs v. United States · Cox 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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * the failure of the board to inform Davis that a Government Appeal Agent was available to advise him on matters relating to his legal rights, including his right of appeal, and that the board clerk would arrange a meeting with the Appeal Agent if Davis desired it, denied Davis a substantial-right, the value of which is not now ascertainable. We cannot assume that the advice of an Appeal Agent would have been worthless to Davis, and without that assumption we cannot hold the failure to advise him harmless.” United States v. Davis, 413 F.2d 148 , 151 (4th Cir. 1969).”
2 later decisions quote this exact passage · from the concurrence““We hold that where a registrant has not been afforded by the board information or assistance required to be given him to assist him in deciding whether to appeal administratively, he is not subsequently barred in a crimiinal prosecution from questioning the classification. Since [defendant] was denied the assistance and advice that he was entitled to have under Local Board Memorandum 82, we think the government is estopped to insist that his failure to do the very thing he should have been advised about (appeal) bars his right to judicial review of his classification.””
1 later decision quote this exact passage · from the concurrence“Some of the sanctity that the inferi- or federal courts have seemed to put around the judge-made doctrine of exhaustion of administrative remedies has, in the context of selective service cases, been removed by the very recent opinion of the United States Supreme Court in McKart v. United States, 395 U.S. 185 , 89 S.Ct. 1657 , 23 L.Ed.2d 194 (May 26, 1969). [ 413 F. 2d at 150 ]”
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.