In re Christian’s Empirical Analysis

Citation profile

2 federal appellate · 3 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘The judgment of the court is that the defendant, on the first count of the Indictment be confined in the United States penitentiary at McNeil Island, state of Washington, for the term and period of two (2) years, and, on the second count a like term and period is also imposed; said terms and periods of imprisonment not to run concurrently.’ The commitment charged imprisonment ‘for the term and period of two years on each of the first and third counts of the indictment, said terms and periods to run consecutively’. After having served the full term of the sentence imposed upon him under the first count, Shirley filed his petition for a writ of habeas corpus, alleging that the sentence upon the second count was null and void. The warden filed a motion to dismiss the petition. The district court overruled the motion and ordered that Shirley be discharged. On appeal, the Circuit Court of Appeals for this Circuit held, of course, that the prisoner was detained, not by virtue of the warrant of commitment, but on account of the judgment and sentence; and that the commitment cannot vary nor contradict the judgment upon which it is based. It held, however, that since Shirley had pleaded guilty to the third count of the indictment, the trial court should have delayed the order of discharge a sufficient time to permit the proper authority, towit, the court in which he was tried and convicted, to enter sentence upon said third count. The order discharging Shirley from custody was modi”

   1 later decision quote this exact passage · from the majority
   e.g. Buie v. King

2. ““I prefer to rest the question on .another section of the statute, which I think is clear. I refer to section 716, Rey. St. tinder this statute, I think the judge of the Central District of the Indian Territory has the power to issue a warrant addressed to the marshal .of the Western District of Arkansas to arrest Christian, and to send an officer here to take him hack to that court, to he dealt with as the law and justice may require.””

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Standard Oil Co. of Indiana