Cobb v. Aytch’s Empirical Analysis
1979
Citation profile
10
cited by 10 later decisions
1
states following
January 1989
most recently cited
4 federal appellate · 1 state decisions
Relationships
Applies 28 U.S.C. § 1343
Relies on Mathews v. Eldridge · Wolff v. McDonnell · Roe v. Wade · O'Shea v. Littleton · United States v. W. T. Grant Co.
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Deputy Commissioner for Treatment of the Bureau of Correction in the Department of Justice is hereby authorized and empowered and, upon petition being presented to him by the board of inspectors, if there be such board, otherwise the superintendent or official in charge of any penitentiary, prison, workhouse, house of correction, or other institution for adult prisoners, located within any county, setting forth that the said penitentiary, prison, workhouse, house of correction, or other institution for adult prisoners, cannot, by reason of overcrowded condition or other existing conditions, furnish proper and sufficient accommodations for the care, custody, control, and safety of the inmates thereof, and that it is requested that a certain number of inmates, set forth in such petition, should be transferred therefrom, may make an order authorizing and directing the said board of inspectors, if there be such board, otherwise the superintendent or official in charge, to transfer to another prison, penitentiary, workhouse, house of correction, or other institution for adult prisoners, such person or persons whom the board of inspectors, if there be such board, otherwise the superintendent or official in charge, shall specify and designate: Provided, however, That before any transfer is made as aforesaid, the court of quarter sessions of the county wherein any such penitentiary, prison, workhouse, house of correction, or any other institution for adult prisoners is located, s”
1 later decision quote this exact passage · from the majoritye.g. DeMarco v. Hewitt“that in most instances a transfer would violate the pretrial detainee's due process rights and subject him or her to serious harm such as not being able to prepare a criminal defense. Under these circumstances, where an adequate remedy at law would be lacking, it seems appropriate to enjoin future transfers without consent of pretrial detainees, unless and until defendants can present a change in circumstances that would justify subjecting untried inmates to the burdens described above.”
1 later decision quote this exact passage · from the majoritye.g. Cobb v. Aytch“it is possible to conduct (such interviews) immediately after the defendant is convicted or enters his plea and prior to the inmate's return to prison.”
1 later decision quote this exact passage · from the majoritye.g. Cobb v. Aytch
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.