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← 581 FSUPP 46 - Helton v. Broglin

Helton v. Broglin’s Empirical Analysis

1984

Citation profile

1
cited by 1 later decisions
August 1987
most recently cited

Relationships

Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Townsend v. Sain · Preiser v. Rodriguez · Anderson v. Harless · Duckworth v. Serrano · Jackson v. Carlson

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

  1. “Furthermore, Indiana law expressly provides for the “declaration of rights, status or other legal relations ... ”, Ind.Code § 34-4-10-2, and accords state courts the “power to declare rights, status, and other legal relations whether or not further relief is or could be claimed ... such declaration shall have the force and effect of a final judgment or decree.” Ind.Code § 34-4-10-1. The Indiana Uniform Declaratory Judgment Act was designed to “furnish a full and adequate remedy where none existed before and it should not be resorted to where there is no necessity for such a judgment.” Volkswagenwerk, A.G. v. Watson, 181 Ind.App. 155 , 390 N.E.2d 1082, 1085 (1979). See also Madden v. Houck, Ind.App., 403 N.E.2d 1133, 1135 (1980). The declaratory judgment procedure provides a remedy “in cases where no cause of action has arisen authorizing an executory judgment, and where no relief is or could be claimed. Relief under this statute can not be had where another established remedy is available.” Hinkle v. Howard, 225 Ind. 176, 179 , 73 N.E.2d 674, 675 (1947).”
    1 later decision quote this exact passage

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.