Post v. Gilmore’s Empirical Analysis

Citation profile

10 federal appellate ·

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

1. “When unusual circumstances make it imprudent to address the § 2254 petition immediately, the collateral attack should be stayed rather than dismissed. Relief under § 2254 is an equitable remedy ... but a district judge may not remit petitioners to their other remedies, the way a judge may decline to issue declaratory relief. Like most civil actions, a petition under § 2254 is governed by the norm that a district court must exercise its full statutory jurisdiction.”

   1 later decision quote this exact passage · from the majority
   e.g. Kethley v. Berge

2. “Under the 1996 amendment to 28 U.S.C. § 2244 (d), a prisoner has only one year from the date the state appellate process ends to begin a collateral attack; time waiting for the conclusion of a § 1983 action is not among the periods that the statute excludes from the calculation. Dismissal of Post’s action creates a substantial risk that refiling after the completion of the § 1983 case will be untimely.”

   1 later decision quote this exact passage · from the majority
   e.g. Parisi v. Cooper

3. “When unusual circumstances make it imprudent to address the § 2254 petition immediately, the collateral attack should be stayed rather than dismissed.”

   1 later decision quote this exact passage · from the majority
   e.g. Parisi v. Cooper