Whitehead v. Senkowski’s Empirical Analysis

Citation profile

2 federal appellate · 1 district · 1 state decisions

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

1. “if the prisoner is held in the state court to answer for an act which he was authorized to do by the law of the United States, which it was his duty to do as marshal of the United States, and if in doing that act he did no more than what was necessary and proper for him to do, he cannot be guilty of a crime under the law of the State of California. When these things are shown, it is established that he is innocent of any crime against the laws of the State, or of any other authority whatever. There is no occasion for any further trial in the state court, or in any court. The Circuit Court of the United States was as competent to ascertain these facts as any other tribunal, and it was not at all necessary that a jury should be impaneled to render a verdict on them.”

   2 later decisions quote this exact passage · from the majority
   e.g. 239 F. Supp. 2d 291 - New York v. Tanella · 281 F. Supp. 2d 606 - New York v. Tanella

2. “[T]he agent must have a subjective belief that his conduct was justified, and that belief must be objectively reasonable.”

   1 later decision quote this exact passage · from the majority
   e.g. Wyoming v. Livingston

3. “reasonably believed that his actions were necessary to perform that job and had no motive other than to do his job”

   1 later decision quote this exact passage · from the majority
   e.g. State of Idaho v. Lon T. Horiuchi