Hawk v. Olson’s Empirical Analysis
1946
Citation profile
3 federal appellate · 1 district ·
How this case has been cited
Cited by 8 later decisions (2 by the Supreme Court) — most recently December 1972
3 federal appellate · 1 district ·
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 Ex Parte Hawk No - on Rule to Show Cause and Return · Smith v. O'Grady · Hawk v. Olson · Woods v. Nierstheimer · Jackson v. Olson
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““From our examination of the papers presented to us we cannot say that he is not entitled to a hearing on these contentions. * * * But, as was pointed out by the District Court and Circuit Judge, petitioner has not yet shown that he has exhausted the remedies available to him in the state courts, and he is therefore not at this time entitled to relief in a federal court or by a federal judge. “So far as appears, petitioner’s present contentions have been presented to the state courts only in an application for habeas corpus filed in the Nebraska Supreme Court, which it denied without opinion. From other opinions of that court it appears that it does not usually entertain original petitions for habeas corpus, but remits the petitioner to an application to the appropriate district court of the state, from whose decision an appeal lies to the state Supreme Court * * *. From that court the cause may be brought here for review if an appropriate federal question is properly presented. “Of this remedy in the state court petitioner has not availed himself. Moreover, Nebraska recognizes and employs the common law writ of error coram nobis which, in circumstances in which .habeas corpus will not lie, may be issued by the trial court as a remedy for infringement of constitutional right of the defendant in the course of the trial * * *. Until that remedy has been sought without avail we cannot say that petitioner’s state remedies have been exhausted.””
2 later decisions quote this exact passage · from the majority“all state remedies available, including all appellate remedies ... in this Court . . . .”
1 later decision quote this exact passage · from the majoritye.g. Darr v. Burford
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.