Ex parte Parks’s Empirical Analysis
93 U.S. 18 · 1876
Citation profile
89 federal appellate · 37 district · 87 state decisions
How this case has been cited
Cited by 392 later decisions (71 by the Supreme Court) — most recently June 2023 · most notably Ex Parte: Edward T Young (1908), Fay v. Noia (1963)
89 federal appellate · 37 district · 87 state decisions — followed in 30 states
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 Ex parte Lange · Ableman v. Booth · Ex parte Yerger · Kearney
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 392 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The writ ought not to be issued, or, if issued, the prisoner should at once be remanded, if the court below had jurisdiction of the offense, and did no act beyond the powers conferred upon it. The court will look into the proceedings so far as to determine this question. If it finds that the court below bas transcended its powers, it will grant tbe writ and discharge the prisoner, even after judgment.””
3 later decisions quote this exact passage · from the majority““But the question whether it was or was not a crime within the statute was one which the district court was competent to decide. It was before the court, and within its jurisdiction. * * * Whether an act charged in an indictment is or is not a crime by the law which the court administers (in this case the statute law of the United States) is a question which has to be met at almost every stage of criminal proceedings,- — on motions to quash the indictment, on demurrers, on motions to arrest judgment, etc.. The court may err, but It bas jurisdiction of tbe question. If it errs, there is no remedy after final judgment, unless a writ of error lies to some superior court; and no such writ lies in tbis case.””
2 later decisions quote this exact passage · from the majority“The judgment of such a tribunal has all the obligation which the judgment of any tribunal can have. To determine whether the Offence charged in the indictment be legally punishable or hot, is among the most unquestionable of its powers and duties. The decision of this question is the exercise of jurisdiction, whether the judgment be for or against the prisoner. The judgment is equally binding in the one case and in the other; and must remain in full force unless reversed regularly by a superior court capable of reversing it.”
1 later decision quote this exact passage · from the majoritye.g. In re Gregory
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.