Hogge v. Johnson’s Empirical Analysis

Citation profile

11 federal appellate · 2 district · 10 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “. . seem to fly in the face of the long-established practice of the court at least during the 18 terms in which I sat. During that time, appeals from state court decisions received treatment similar to that accorded petitions for certiorari, and were given about the same precedential weight. An unquestioning application of the Hicks rule can lead to nothing but mischief and place an unnecessary restraining hand on the progress of federal constitutional adjudication.” Hogge v. Johnson, 526 F.2d 833, 836 (4th Cir. 1975).”

   2 later decisions quote this exact passage · from the majority
   e.g. 75 Wis. 2d 557 - WKBH Television, Inc. v. Department of Revenue · Lecates v. Justice of Peace Court No. 4

2. “(a) It shall be unlawful for any person to administer, for hire or reward, to any person of the opposite sex any massage, any alcohol rub or similar treatment, any fomentation, any bath, or any electric or magnetic treatment. (b) It shall be unlawful for any person, firm or corporation, or any other entity responsible for the operation of any establishment, regardless whether it be a public or private facility, to operate as a massage parlor, massage salon, bath parlor, or any similar type business, where any person administers, for hire or reward, to any person of the opposite sex any massage, any alcohol rub or similar treatment, any fomentation, any bath, or any electrical or magnetic treatment. (c) This section shall not apply to any treatment administered in good faith by a physician, surgeon, chiropractor, osteopath or physical therapist duly licensed by the Commonwealth of Virginia, or to a licensed nurse acting under the direct prescription and direction of any such physician, surgeon, chiropractor, or osteopath; nor shall this section apply to barbers or beauticians who give massage to the scalp, face, the neck or shoulders only. (d) Any person, firm, corporation or other entity who shall violate any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, be fined not more than five hundred dollars ($500.00); and each day’s violation of any provision of subsection (b), supra, of this section shall constitute a separate offense”

   1 later decision quote this exact passage · from the majority
   e.g. Brown v. Haner

3. “We think the issue presented to the Supreme Court in the appeal of Kisley and declared by it to be without substance included the question sought to be raised here: whether the ordinances violate the fourteenth amendment's equal protection clause. Thus, summary dismissal of the appeal in Kisley is a perfectly clear precedent that is binding upon us. 526 F.2d at 835 .”

   1 later decision quote this exact passage · from the majority
   e.g. Reddish v. Roberts