Public-domain · open source
OpenJurist
← 527 F.2d 1090 - Eichler O. Kelly v. H. E. Springett, Bureau of Narcotics Enforcement

Eichler O. Kelly v. H. E. Springett, Bureau of Narcotics Enforcement’s Empirical Analysis

527 F.2d 1090 · 1975

Citation profile

52
cited by 52 later decisions
2
states following
September 2012
most recently cited

27 federal appellate · 4 district · 3 state decisions

How this case has been cited

Cited by 52 later decisions — most recently September 2012 · most notably Marino v. Vasquez (1987), United States v. Ray (1984)

27 federal appellate · 4 district · 3 state decisions

30019751980199020002010decided

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

Relies on Powell v. State of Alabama Patterson · Fuentes v. Shevin · Phillips v. Commissioner · Lynch v. Household Finance Corp. · Chandler v. Warden Fretag

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

  1. “the assessment, levy or collection of any tax under State law where a plain, speedy and efficient remedy may be had in the courts of such State.”
    3 later decisions quote this exact passage · from the majority
  2. “must be qualified in at least two important respects. Either the accused must have been denied effective assistance of appointed counsel [citation omitted], or he must have been entirely unrepresented by counsel [citation omitted].” Id. at 1093 . This statement can be read as applying only to situations where a criminal defendant subsequently seeks damages in a § 1983 action for denial of the opportunity to retain counsel. Moreover, the statement was not essential to the court’s holding that 28 U.S.C. § 1341 barred Kelly’s suit. 4 . The court instructed the jury:”
    2 later decisions quote this exact passage · from the majority
  3. “regardless of the form of an action to recover funds seized on an assessment, an absolute prerequisite to its maintenance is the filing of a claim for refund or for a proper credit pursuant to the statutes”
    2 later decisions 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.