Ambrose v. Holmes’s Empirical Analysis

Citation profile

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

1. “Under title 28 U.S.C. § 2254 , [federal courts] may not grant a petition for a writ of habeas corpus unless a petitioner has exhausted his state court remedies. O’Sullivan v. Boerckel, 526 U.S. 838, 844 , 119 S.Ct. 1728 , 144 L.Ed.2d 1 (1999) (“Section 2254(c) requires only that state prisoners give state courts a fair opportunity to act on their claims.” (emphasis in original)). In the context of this appeal, exhaustion occurs when the petitioner has fairly presented his claim to the state courts by arguing not only the federal legal principles but also the operative facts of the claim thereby giving the state courts a “meaningful opportunity to pass upon the substance of the claims later presented in federal court.” Chambers v. McCaughtry, 264 F.3d 732, 737-38 (7th Cir.2001) (quoting Rodriguez v. Scillia, 193 F.3d 913, 916 (7th Cir.1999)); Boyko v. Parke, 259 F.3d 781, 788 (7th Cir.2001). Failure to do so will result in procedural default of the claim, which is excusable upon a showing of cause for the failure and resulting prejudice or a showing that a decision not to review the claim will result in a fundamental miscarriage of justice. Dellinger v. Bowen, 301 F.3d 758, 764 (7th Cir.2002), cert. denied, 537 U.S. 1214 , 123 S.Ct. 1312 , 154 L.Ed.2d 1065 (2003). In Baldwin [v. Reese, 541 U.S. 27 , 124 S.Ct. 1347 , 158 L.Ed.2d 64 (2004) ], the Court found that a petitioner failed to fairly present his “appellate ineffective assistance of counsel claim” when he failed to asser”

   1 later decision quote this exact passage
   e.g. 959 F. Supp. 2d 1096 - Rish v. Thompson