Walker v. Roth’s Empirical Analysis

Citation profile

36 federal appellate · 2 district · 1 state decisions

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

1. ““The claims Walker seeks to bring in his new petition challenge aspects of his re-sentencing; he does not present any claims challenging his conviction. None of these new claims were raised in his first petition, nor could they have been; Walker is attempting to challenge the constitutionality of a proceeding which obviously occurred after he filed, and obtained relief, in his first habeas petition. Therefore, although Walker had filed an earlier habeas petition in 1988, the petition that he now wishes to file cannot be considered a second or successive petition to the earlier one for purposes of § 2244 because it constitutes Walker’s first federal challenge to the proceedings that resulted in his current state custody. We hold that a second habeas petition attacking for the first time the constitutionality of a newly imposed sentence is not a second or sue-cessive petition within the meaning of § 2244.””

   3 later decisions quote this exact passage · from the majority
   e.g. Brown v. Muniz · 472 F. Supp. 2d 1333 - Magwood v. Jones