In Re Stewart’s Empirical Analysis
1981
Citation profile
60 state decisions
How this case has been cited
Cited by 62 later decisions — most recently February 2020 · most notably In re Carter (2004), In Re Mecier (1983)
60 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.
Relationships
Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Stone v. Powell · United States v. Tucker · Carafas v. J · Jones v. Cunningham · United States v. Hayman
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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The moving party must establish the infirmity of the conviction by a preponderance of the evidence. Post-conviction relief is not a vehicle for reexamining guilt or innocence, but is designed to correct fundamental errors. Post-conviction relief is not a substitute for appeal. Absent exigent circumstances, a matter adversely decided on direct appeal cannot be relitigated, and collateral attack is barred if the movant deliberately bypassed the issue on appeal.”
1 later decision quote this exact passagee.g. In Re Kasper“The statute permits a collateral attack upon Vermont convictions or sentences which are defective under the Constitution, statutory law, or `otherwise subject to collateral attack.'”
1 later decision quote this exact passagee.g. In Re Collette“a `special statutory remedy in the nature of habeas corpus. '”
1 later decision quote this exact passagee.g. In Re Collette
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.