Smith v. Follette’s Empirical Analysis
445 F.2d 955 · 1971
Citation profile
11 federal appellate · 1 district · 3 state decisions
How this case has been cited
Cited by 25 later decisions — most recently June 2011 · most notably United States v. Moore (1973), 373 F. Supp. 487 - Welsch v. Likins (1974)
11 federal appellate · 1 district · 3 state decisions
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 Goldberg v. Kelly · Dandridge v. Williams · Robinson v. State of California · McGautha v. California · Peyton v. Rowe
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“. I believe that these applications are essentially habeas corpus petitions, requiring exhaustion of state remedies, .... Each petitioner is “ ‘challenging the validity of his sentence with the ultimate object of obtaining release’ from prison, . Petitioners are not seeking release only incidentally to a claim that actions of prison parole, or other correctional authorities are illegal. . It is the historic and essential function of the habeas corpus petition to afford relief from confinement unlawfully imposed. . . . Thus, there is no reason for denying their natural meaning to the words of 28 U.S.C. § 2254 , that a writ of habeas corpus may be entertained by a federal court “in behalf of a person in custody pursuant to the judgment of a State court . . . on the ground that he is in custody in violation of the Constitution . . .” Nor is it of any moment that part of the remedy sought by petitioners is not outright freedom from all confinement, but rather transfer from a state penal institution to another institution for treatment of their addiction. Outright freedom is not the only remedy available by a writ of habeas corpus.”
1 later decision quote this exact passage · from the majority“A sentencing judge . . . has always been afforded broad discretion in determining sentence and the existence of this discretion has not been thought to present constitutional difficulties. See United States v. Rosenberg, 195 F.2d 583, 604 (2d Cir.), cert. denied, 344 U.S. 838 , 73 S.Ct. 20 , 97 L.Ed. 652 (1952). If it is “impossible to say that committing to the untramelled discretion of the jury the power to pronounce life or death in capital cases is offensive to anything in the Constitution,” as the Supreme Court has recently held [McGautha v. California, 402 U.S. 183, 207 , 91 S.Ct. 1454 , 28 L.Ed.2d 711 (1971)], the Due Process Clause is not violated by permitting a trial judge to exercise his discretion, albeit without specific standards to guide him, to provide hopefully rehabilitative medical treatment to felons he finds likely to benefit by this type of sentence and not to others. 445 F.2d at 960-961 (footnote omitted).”
1 later decision quote this exact passage · from the majority“Though state laws which have no rational basis whatsoever for the classifications imposed may be held to violate the Equal Protection Clause, in situations where the Equal Protection claim is one of arbitrariness, rather than intentional and invidious discrimination against a particular racial, religious, ethnic, social or political group, the state is permitted considerably greater latitude in distributing its resources and administering its laws ... A state is often required by reason of administrative or judicial necessity to draw fine distinctions.”
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.