James Henry Miller, and Ollie J. Miller v. R.D. Simmons, Detective and R.W. Leary, Sheriff and His Deputy Sheriff Jailer
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Nearly all nearby “abrogated” language reported Mallard v. United States District Court's treatment of Whisenant v. Yuam; other adverse language concerned unrelated authorities. The opinions also continued to apply Miller's collateral-order holding.
400 later cases cite James Henry Miller, and Ollie J. Miller v. R.D. Simmons, Detective and R.W. Leary, Sheriff and His Deputy Sheriff Jailer; 91 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on James Henry Miller, and Ollie J. Miller v. R.D. Simmons, Detective and R.W. Leary, Sheriff and His Deputy Sheriff Jailer?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
No reviewed court has overruled or limited this case.
Every one of the 91 flagged citations was read, and each turned out to be something other than adverse treatment: a routine application, a party's argument the court rejected, or the case itself discussing older law. That reading is the finding this page exists to report.
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