Momient-El v. DeTella’s Empirical Analysis

Citation profile

27 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 73 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) rely on pertinent federal cases employing constitutional analysis; (2) rely on state cases applying constitutional analysis to a similar factual situation; (3) assert the claim in terms so particular as to call to mind a specific constitutional right; or (4) allege a pattern of facts that is well within the mainstream of constitutional litigation. If none of the four factors is present and the state has not otherwise signaled its satisfaction with the presentment of the federal claim, then this court will not con sider the state courts to have had a fair opportunity to consider the claim.”

   5 later decisions quote this exact passage · from the majority
   e.g. Burnett v. Hargett · United States ex rel. Boyce v. Dobucki

2. “'[I]ssues not raised in the district court are deemed waived' on appeal, so long as the opposing party argues that a waiver of that issue occurred.”

   5 later decisions quote this exact passage · from the majority
   e.g. Banks v. Farley · Azania v. Moore

3. “[i]t is not sufficient that [the petitioner] alleged various other errors by counsel; to set forth a claim of ineffective assistance, a petitioner ‘must identify the specific acts or omissions of counsel that form the basis for his claim of ineffective assistance.’”

   2 later decisions quote this exact passage · from the majority
   e.g. Gilbert Crist v. Barbara J. Dolan · United States ex rel. Bell v. Pierson