Public-domain · open source
OpenJurist
← 109 F.3d 494 - Mitchell v. Kemna

Mitchell v. Kemna’s Empirical Analysis

109 F.3d 494 · 1997

Citation profile

5
cited by 5 later decisions
April 2003
most recently cited

1 federal appellate ·

Relationships

Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Strickland v. Washington · Linn v. United States · Jones v. Jerrison · Toney v. Gammon · United States v. Skorniak

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

  1. “There appears to be a decisional split within our Circuit on whether plain-error review by a state appellate court waives a procedural default by a habeas petitioner, allowing collateral review by this court.”
    1 later decision quote this exact passage · from the majority
  2. “cannot resolve this divergence ..., [but] may choose which line of cases to follow.”
    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.