Ex Parte Ormsby’s Empirical Analysis
1984
Citation profile
14 state decisions
How this case has been cited
Cited by 14 later decisions — most recently March 2013
14 state decisions
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. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Sibron v. State of New York Peters · Basaldua v. State · Ex Parte Guzman · Crowl v. State · Ex Parte Fontenot
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We find sufficient restraints arising from the applicant’s void conviction to exercise habeas corpus relief. Applicant’s previous discharge of his probation is of no moment because “proof of his said conviction or plea of guilty shall be made known to the court should the defendant again be convicted of any criminal offense.” Art. 42.12, sec. 7, V.A.C.C.P. See also Art. 37.07, sec. 3(a), V.A.C.C.P. This outstanding collateral consequence of appellant’s invalid conviction, imposed under the general authority and the power of the State of Texas, is a current and enduring restraint on applicant’s liberty.... The restraint must be removed. It is founded on a void conviction. The relief sought is granted. Applicant is therefore released from every manner of restraint on his personal liberty as a consequence of that conviction.”
1 later decision quote this exact passagee.g. Ex Parte Davis“At the outset it should be noted that the appellant’s habeas claim was not rendered moot by the discharge of the probated sentence. Indeed, mootness cannot prohibit a collateral attack if prior discharge convictions may have collateral consequences to a criminal defendant. ... A criminal case is moot only if it is shown that there is no possibility that any collateral legal consequences will be imposed on the basis of the challenged conviction.”
1 later decision quote this exact passagee.g. Ex Parte Davis“`the kind of control which one person exercises over another, not to confine him within certain limits, but to subject him to the general authority and power of the person claiming such right.'”
1 later decision quote this exact passagee.g. Matter of Sg
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.