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← 93 Mont. 277 - State v. Phelps

State v. Phelps’s Empirical Analysis

1933

Citation profile

12
cited by 12 later decisions
6
states following
February 1980
most recently cited

2 federal appellate · 8 state decisions

How this case has been cited

Cited by 12 later decisions — most recently February 1980

2 federal appellate · 8 state decisions

60193319401950196019701980decided

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

Relies on United States v. Bob Celestine · Alberty v. United States · United States v. Rogers · Red Bird v. United States · Hallowell v. United States

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

  1. “(1) 25 U.S.C.A. § 355 applicable only to full-bloods. (2) 25 TJ.S.O.A. § 479 recognizes a half blood as an Indian. 25 TJ.S.O.A. § 163, an enrollment statute, recognizes that less than Tull blood may be a member o£ the Indian tribe; 35 Stat. 313 to the same effect, (3) 25 TJ.S.O.A. § 184 provides that children of the marriage of an Indian mother and white man where said Indian woman was recognized by the tribe, shall have the same rights to the property of the tribe as any other member of the tribe. (4) 28 U.S.C.A. § 41 (24), Jurisdictional Act.”
    2 later decisions quote this exact passage · from the majority
  2. ““Presumptively, a person apparently of mixed blood, residing upon a reservation and claiming to be an Indian, is in fact an Indian.””
    1 later decision 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.