Dobard v. We Johnson’s Empirical Analysis
749 F.2d 1503 · 1985
Citation profile
15 federal appellate ·
How this case has been cited
Cited by 32 later decisions — most recently June 2011 · most notably Grayson v. K Mart Corp. (1996), Green v. Johnson (1997)
15 federal appellate ·
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 1 U.S.C. § 1 (Born-Alive Infants Protection Act of 2002) · 28 U.S.C. § 1404 · 28 U.S.C. § 1631 · 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2243 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Cohen v. Beneficial Industrial Loan Corp. · Carafas v. J · Braden v. 30th Judicial Circuit Court of Kentucky · Bullock v. United States · Gillespie v. United States Steel Corp.
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he application may be filed in the district court for the district wherein such person is in custody or in the district court for the district within which the State court was held which convicted and sentenced him and each of such district courts shall have concurrent jurisdiction to entertain the application. The district court for the district wherein such an application is filed in the exercise of its discretion and in furtherance of justice may transfer the application to the other district court for hearing and determination.”
3 later decisions quote this exact passage · from the dissent“The murder ... occurred in Sumter County _ Dobard was indicted in ... Sumter County, and numerous pretrial motions were filed and heard in that court. [The trial court] transferred the trial ... to Marengo County. ... Various pretrial motions were heard in Sumter County, but ... after the transfer ... all orders were entered by the Circuit Court of Marengo County. ... [T]he sentencing hearing ... was heard in Sumter County and petitioner was there orally sentenced.... The judge signed the sentencing order while in Marengo [County]. Dobard’s motion for a new trial was received by the circuit clerk in Sumter [County] and then sent on to be filed in Marengo [County]. The hearing on the new trial motion was conducted in Sumter [County]-”
2 later decisions quote this exact passage · from the majority“that where substantial incidents of conviction and sentence are divided between two federal judicial districts, either district court is the court of conviction and sentence within the meaning of Sec. 2241(d) and has power to entertain the petition on its merits or transfer it.”
2 later decisions quote this exact passage · from the majority
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.