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← 477 F.2d 1140 - Smith v. Spina

Smith v. Spina’s Empirical Analysis

477 F.2d 1140 · 1973

Citation profile

64
cited by 64 later decisions
5
states following
October 2016
most recently cited

33 federal appellate · 7 district · 7 state decisions

How this case has been cited

Cited by 64 later decisions — most recently October 2016 · most notably Rotolo v. Borough of Charleroi (1976), Stengel v. Belcher (1975)

33 federal appellate · 7 district · 7 state decisions

40019731980199020002010decided

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 28 U.S.C. § 1331 · 28 U.S.C. § 1343 · 28 U.S.C. § 1733 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Erie Co v. Tompkins · United Mine Workers of America v. Gibbs · Monroe v. Pape · Fay v. Noia · McNutt v. General Motors Acceptance Corp.

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

  1. ““ * * * Although this court has ordered that a writ of habeas corpus issue, such action is not the equivalent of a reversal of a state conviction. Only the Supreme Court has power, on direct appeal, to reverse a state judgment of con viction. Federal habeas corpus jurisdiction is based on detention simpliciter. (citations omitted) The jurisprudential effect of the granting of a federal writ is to release relator from custody. It does not have the force and effect of voiding a conviction. * * * ” Smith v. Spina, 477 F.2d 1140, 1147 (3rd Cir. 1973).”
    2 later decisions quote this exact passage · from the majority
  2. “does not have the force and effect of voiding a conviction”
    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.