Strobel v. Thurman’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) If the right to possession of a child is presently governed by a court order, the court in a habeas corpus proceeding involving the right to possession of the child shall compel return of the child to the relator if and only if it finds that the relator is presently entitled to possession by virtue of the court order. (b) The court shall disregard any cross action or motion pending for modification of the decree determining managing conserva-torship, possession, or support of or access to the child unless it finds that: (1) the previous order was granted by a court that did not have jurisdiction of the parties; or (2) the child has not been in the relator’s possession and control for at least 6 months immediately preceding the filing of the petition for the writ. (c) The court may issue any appropriate temporary order if there is a serious immediate question concerning the welfare of the child. (d) While in this state for the sole purpose of compelling the return of a child through a habeas corpus proceeding, the relator is not amenable to civil process and is not subject to the jurisdiction of any civil court except the court in which the writ is pending and in that court only for the purpose of prosecuting the writ. (e) If the right to possession of a child is not governed by a court order, the court in a habeas corpus proceeding involving the right of possession of the child shall compel return of the child to the relator if, and only if, it finds that the relator has ”

   7 later decisions quote this exact passage
   e.g. Almarez v. Williams · Brown v. Dixon

2. ““ . . . restored the writ of habeas corpus to its purpose as an ancient common law writ. As such, it is a ready means for deliverance of a child from unlawful detention. It has often been termed the Great Writ. Its special value comes not only from its purpose, but also from the speed and simplicity with which it may and should be employed.””

   4 later decisions quote this exact passage
   e.g. Martin v. O'DONNELL · Alvarado v. Alvarado

3. “Upon proof of the prior order, absent dire emergency which is not here urged and which under the facts proved does not exist, the grant of the writ should be automatic, immediate, and ministerial. The writ [of habeas corpus] should be granted upon proof of the bare legal right to possession. Section 14.10.”

   1 later decision quote this exact passage
   e.g. Marshall v. Wilson