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← 619 F.2d 558 - Holt v. Pitts

Holt v. Pitts’s Empirical Analysis

619 F.2d 558 · 1980

Citation profile

122
cited by 122 later decisions
13
states following
August 2016
most recently cited

69 federal appellate · 1 district · 33 state decisions

How this case has been cited

Cited by 122 later decisions — most recently August 2016 · most notably Carver v. Bunch (1991), Jourdan v. Jabe (1991)

69 federal appellate · 1 district · 33 state decisions — followed in 13 states

5801980199020002010decided

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. § 1391 · 28 U.S.C. § 1651 · 28 U.S.C. § 1654 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Wolff v. McDonnell · Link v. Wabash Railroad · Price v. Johnston · Stone v. Morris

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

  1. “Lawful incarceration brings about the necessary withdrawal or limitation of many privileges and rights, a retraction justified by the considerations underlying our penal system. Among those so limited is the otherwise unqualified right given by § 272 of the Judicial Code, 28 U.S.C. § 394 [now 28 U.S.C. § 1654 ] to parties in all courts of the United States to “plead and manage their own causes personally.””
    9 later decisions quote this exact passage
  2. “(1) whether the prisoner's request to be present at trial reflects something more than a desire to be temporarily freed from prison; (2) whether he is capable of conducting an intelligent and responsive argument; (3) the cost and convenience of transporting the prisoner from his place of incarceration to the courthouse; (4) any potential danger or security risk the prisoner's presence might pose; (5) the substantiality of the matter at issue; (6) the need for an early resolution of the matter; (7) the possibility and wisdom of delaying the trial until the prisoner is released; (8) the probability of success on the merits; and (9) the prisoner's interest in presenting his testimony in person rather than by deposition.”
    6 later decisions quote this exact passage
  3. “Generally speaking, prisoners who bring civil actions ... have no right to be personally present at any stage of the judicial proceedings. In Price v. Johnston, 334 U.S. 266, 285-86 , 68 S.Ct. 1049, 1060 , 92 L.Ed. 1356 (1948), the Supreme Court stated this principle succinctly: Lawful incarceration brings about the necessary withdrawal or limitation of many privileges and rights, a retraction justified by the considerations underlying our penal system. Among those so limited is the otherwise unqualified right given by § 272 of the Judicial Code, 28 U.S.C. § 394 [now 28 U.S.C. § 1654 ] to parties in all courts of the United States to “plead and manage their own causes personally.” Nonetheless, 28 U.S.C. § 1651 (a) provides that “the Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.” This statutory provision empowers the federal courts to issue writs requiring penal authorities to produce prisoners at judicial proceedings in civil cases. However, it is settled law that the decision of a court to issue a § 1651 writ is a matter that rests solely within the court’s discretion. Further, a court should issue a writ that requires the production of a prisoner only in those cases where the prisoner’s physical presence will contribute significantly to a fair adjudication of his claims.”
    3 later decisions 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.