Benton v. Washington’s Empirical Analysis
106 F.3d 162 · 1996
Citation profile
68 federal appellate · 1 district ·
How this case has been cited
Cited by 96 later decisions — most recently June 2016 · most notably Pratt v. United States (1997), No. 96-2355 (1999)
68 federal appellate · 1 district ·
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
Applies 28 U.S.C. § 1631 · 28 U.S.C. § 2244 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Sanders v. United States · McCleskey v. Zant · Felker v. Turpin · Lonchar v. Thomas · Lindh v. Murphy
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 96 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The sequence of filing, dismissal, exhaustion in state court, and refiling in federal court might generate multiple docket numbers, but it would not be right to characterize it as successive collateral attacks. The prisoner launched a single campaign; that skirmishes were spread across several years and two forums would not make it apt to call any of the steps a “successive” collateral attack. It is one challenge with multiple stages---- For the same reasons, the filing and rejection of a petition as unintelligible or poorly developed does not make the filing of an enlarged specification a “second or successive” petition; it is better to think of the process as one of filing, rejection, and amendment.”
2 later decisions quote this exact passage · from the majority“second or successive habeas corpus application”
2 later decisions quote this exact passage · from the majority“[a] second or successive petition may be dismissed if ... it fails to allege new or different grounds for relief and the prior determination was on the merits or, if new and different grounds are alleged, ... the failure of the petitioner to assert those grounds in a prior petition constituted an abuse of the writ.”
1 later decision quote this exact passage · from the majoritye.g. In Re Lyonell Gasery
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.