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← 459 F.2d 1211 - Holmes v. Laird

Holmes v. Laird’s Empirical Analysis

459 F.2d 1211 · 1972

Citation profile

94
cited by 94 later decisions
1
states following
July 2023
most recently cited

34 federal appellate · 18 district · 1 state decisions

How this case has been cited

Cited by 94 later decisions — most recently July 2023 · most notably Sami v. United States (1979), Kamrin v. United States (1984)

34 federal appellate · 18 district · 1 state decisions

300197219801990200020102020decided

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

Applies 22 U.S.C. § 1732 · 28 U.S.C. § 294

Relies on Baker v. Carr · Romero v. International Terminal Operating Co. · Banco Nacional De Cuba v. Sabbatino · Harisiades v. Shaughnessy · Zemel v. Rusk

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

  1. “[A] surrender of an American citizen required by treaty for purposes of a foreign criminal proceeding is unimpaired by an absence in the foreign judicial system of safeguards in all respects equivalent to those constitutionally enjoined upon American trials.”
    8 later decisions quote this exact passage · from the majority
  2. “In connection with the not-insubstantial lapse of time between the alleged commission of the offenses charged and the date on which these proceedings were commenced, petitioner has further argued that the proceedings should be dismissed because of the denial of the right to a speedy prosecution and trial guaranteed by the Fifth and Sixth Amendments to the United States Constitution. It is well established that the fact that a foreign ' judicial system does not provide identical criminal safeguards as those enjoyed in this country is not controlling on the question of extradition. Thus, the Sixth Amendment’s guarantee of a speedy trial is hot an appropriate consideration in the instant extradition proceeding.”
    1 later decision quote this exact passage · from the majority
  3. ““A sovereign nation,” the Supreme Court declares, “has exclusive jurisdiction to punish offenses against its laws committed within its borders, unless it expressly or impliedly consents to surrender its jurisdiction.” “The jurisdiction of the nation, within its own territory, is necessarily exclusive and absolute; it is susceptible of no limitation, not imposed by itself.” And “[a]ll exception ... to the full and complete power of a nation within its own territories must be traced up to the consent of the nation itself. They can flow from no other legitimate source.””
    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.