Horace Payne v. John W. Wingo, Warden’s Empirical Analysis
442 F.2d 1192 · 1971
Citation profile
7
cited by 7 later decisions
1
cited 1 times by the Supreme Court
June 1974
most recently cited
5 federal appellate · 1 district ·
Relationships
Relies on Townsend v. Sain · Fay v. Noia · Holiday v. Johnston · In re Murra · Fletcher v. Maupin
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When Congress retained the reference to the 'court' in the new statute, it must have meant to retain the meaning that the Supreme Court gave that word in the preceding statute. Assuming, without deciding that Congress could have constitutionally changed the result of Holiday by a specific provision in Section 2243, it is evident that Congress chose not to do so. We are not at liberty to disturb that decision. 23 ****** 24 * * *”
1 later decision quote this exact passage · from the majority“[t]he court shall summarily hear and determine the facts, and dispose of the matter as law and justice require”
1 later decision quote this exact passage · from the majority“[t]he court, or justice or judge, shall proceed in a summary way to determine the facts of the case . . .”
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.