Gardner v. Pitchess’s Empirical Analysis

Citation profile

9 federal appellate · 4 district ·

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

1. “Federal habeas relief usually accomplishes its purpose by ordering the petitioner’s release from state custody. Some authorities suggest federal courts lack power to revise the underlying state judgment directly. See Fay v. Noia, 372 U.S. 391, 431 , 83 S.Ct. 822, 844 , 9 L.Ed.2d 837 (1963) (dicta); Ex parte Medley, 134 U.S. 160, 173 , 10 S.Ct. 384, 388 , 33 L.Ed. 835 (1890). But see Palmer v. Judge and District Attorney General, 411 F.Supp. 1029, 1035 (W.D.Tenn.1976) (quashing sixteen-year-old state indictment on grounds of denial of speedy trial). We need not decide whether, in an appropriate case, a district court might order dismissal of state charges, because we find no circumstances justifying dismissal here.”

   1 later decision quote this exact passage · from the majority
   e.g. Latzer v. Abrams

2. “considerations of comity underlying the habeas writ ... require that state courts be given an opportunity to correct alleged violations before federal courts step in”

   1 later decision quote this exact passage · from the majority
   e.g. Raley v. Parke