Ex Parte Banks’s Empirical Analysis
1989
Citation profile
1 federal appellate · 32 state decisions
How this case has been cited
Cited by 34 later decisions (1 by the Supreme Court) — most recently November 2017 · most notably Banks v. Dretke Director Texas Department of Criminal Justice Correctional Institutions Division (2004), Ex Parte Goodman (1991)
1 federal appellate · 32 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. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Jackson v. Virginia · Townsend v. Sain · Fay v. Noia · Witherspoon v. Illinois · Adams v. Texas
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Habeas corpus lies only to review jurisdictional defects or denials of fundamental or constitutional rights. ⅜ ⅜ ⅜ ⅜? ⅜: ⅜ When a defect in the conduct of a proceeding is challenged, a collateral attack by habeas corpus may be invoked only where the error renders the proceedings absolutely void, [citations omitted] Defects in a proceeding designated as irregularities, consisting of the want of adherence to some prescribed rule or mode of proceeding, either in omitting to do something that is necessary for the orderly conduct of a suit or doing it at an unreasonable time or in an improper manner do not render the proceeding void, [citations omitted]”
1 later decision quote this exact passage · from the dissente.g. Ex Parte Sadberry“"`A proceeding defective for irregularities and one void for illegality may be revised upon error or certiorari; but it is the latter defect only which gives authority to discharge on habeas corpus.' A irregularity is defined to be a want of adherence to some prescribed rule or mode of proceeding.... Hurd on Habeas Corpus, 333, citing Tidd's Pr. 434, and 3 Chitty's Genl. Pr. 509. Illegality is properly predicable of radical defects only, and signifies that which is contrary to the principles of law as distinguished from mere rules of procedure. It denotes a compete defect in the proceedings. Hurd, 333; Tidd's Pr. 435."”
1 later decision quote this exact passage · from the dissent“"The writ of habeas corpus was not designed to operate as a writ of error or certiorari, and does not have their force and effect. It does not deal with errors or irregularities which render proceedings voidable merely, but such only as to render them absolutely void."”
1 later decision quote this exact passage · from the dissent
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.