Braden v. State’s Empirical Analysis

Citation profile

9 state decisions

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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Some attempt appears in the record to have been made to claim error because of the absence of a preliminary hearing. See Code 1940, T. 15, § 128 et seq. “Preliminary examination is laid down as a mode of determining the regularity of detention before (i. e. without) indictment. See Ex parte Thaggard, 42 Ala.App. 229 , 159 So.2d 813 , affirmed 276 Ala. 117 , 159 So.2d 820 . However, if the magistrate holds no preliminary examination, a prisoner’s proper praecipe for a writ is one for mandamus, not for habeas corpus. Ex parte Simpson, 3 Ala.App. 222 , 57 So. 518 ; State v. Humphrey, 125 Ala. 110 , 27 So. 969 ; State v. Richburg, 42 Ala.App. 495 , 168 So.2d 628 (3). “Upon indictment by a properly chosen grand jury, then a determination of there being probable cause has been made so as to hold the accused to answer to a petty jury. Ex parte United States, 287 U.S. 241 , 53 S.Ct. 129 , 77 L.Ed 283. “In United States ex rel. Hughes v. Gault, 271 U.S. 142 , 46 S.Ct. 459, 460 , 70 L.Ed. 875 , we find per Holmes, J. : “ ‘The Constitution does not require any preliminary hearing before a person charged with a crime against the United States is brought into the Court having jurisdiction of the charge. There he may deny the jurisdiction of the Court as he may deny his guilt, and the Constitution is satisfied by his right to contest it there. * * * ’ ””

   2 later decisions quote this exact passage
   e.g. Coleman v. State · Yancey v. State