Ex parte Whitten’s Empirical Analysis

Citation profile

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. “The petitioner was arrested in Massachusetts, and brought into this State under a warrant issued by the Governor of Massachusetts, upon the requisition of the Governor of Connecticut, accompanied by a certified copy of the indictment charging the crime, and an affidavit that the petitioner was a fugitive from justice. “ It is claimed, in support of the petition, that the indictment was procured by mistake, and that the prisoner was not in fact a fugitive from justice. These claims are denied by the attorney for the State. In view of the conclusions reached,it is not necessary to pass upon, these questions of fact. It may be assumed, in- the disposition of this motion, that all the allegations in the petition are true. “ Counsel for the petitioner -claims that he can prove, in the first place, that the indictment is invalid or void, by reason of some mistake on the -part of the grand jury. But the effect of an inquiry into,, this question, assuming such evidence to 1 be admissible and true, would be to call upon the Federal court to examine into the proceedings under which said indictment was obtained, and to determine collaterally its sufficiency under the laws oí this State.”

   1 later decision quote this exact passage · from the majority
   e.g. Whitten v. Tomlinson

2. “I do not' mean to be understood as denying the right to this prisoner, at an appropriate time, to introduce evidence that he was not a fugitive from justice, or that the evidence before the Governor of Massachusetts was insufficient to authorize his action; nor do I intend at this time to pass upon the merits of this or any other questions presented, nor to intimate what disposition might be made of these claims, in case they were brought before this court after final action in the state .court. All that is now decided is that it must be assumed in advance that the petitioner may obtain all the protection to which he may be entitled in the courts of this State.”

   1 later decision quote this exact passage · from the majority
   e.g. Whitten v. Tomlinson

3. “The writ was issued; and the sheriff brought the petitioner into- this court, and made return, as to the cause of his detention and imprisonment, that he was committed to jail by virtue of a mittimus, in the forni provided for by statute, duly issued by a justice of the peace on the application of the bondsman, upon oath, that the petitioner, intended to abscond. A hearing was had upon a motion to quash the return.”

   1 later decision quote this exact passage · from the majority
   e.g. Whitten v. Tomlinson