Schlup v. Delo’s Empirical Analysis
11 F.3d 738 · 1993
Citation profile
17 federal appellate · 1 district · 3 state decisions
How this case has been cited
Cited by 39 later decisions (1 by the Supreme Court) — most recently March 2023 · most notably Schlup v. Delo (1995), Forsyth v. Barr (1994)
17 federal appellate · 1 district · 3 state decisions
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.
Appellate journey
Relationships
Applies 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)
Relies on Strickland v. Washington · Jackson v. Virginia · Brady v. State of Maryland · Wainwright v. Sykes · Murray v. Carrier
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'by clear and convincing evidence that but for a constitutional error, no reasonable juror would have found the petitioner [guilty] under the applicable state law.'”
3 later decisions quote this exact passage · from the majoritye.g. Schlup v. Delo · Battle v. Delo“a gateway through which a habeas petitioner must pass to have his otherwise barred constitutional claim considered on the merits.”
2 later decisions quote this exact passage · from the majority“If I had been contacted before Schlup's trial, I would have told his attorney that he was not there when Dade was stabbed, and I would have testified that I called base within seconds after Dade hit the ground. I might have been reluctant to snitch on Jordan and O'Neal. I'm not afraid now because I haven't been in prison for more than 71/2 years, and I have been working steadily ever since. I have no intention of going back to prison.”
1 later decision quote this exact passage · from the dissente.g. Schlup v. Delo
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.