In Re Carl Green, Movant’s Empirical Analysis
1998
Citation profile
1 district ·
How this case has been cited
Cited by 20 later decisions — most recently June 2013
1 district ·
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
Relies on Teague v. Lane · Landgraf v. USI Film Products · Sandstrom v. Montana · Bailey v. United States · McCleskey v. Zant
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If Old Chief was dictated by precedent, then his claim would not have been considered 'novel,' so as to establish cause his failure to assert this claim in his first motion to vacate.”
5 later decisions quote this exact passage · from the majority“of criminal procedure, it is not to be applied retroactively to convictions that have already become final when the decision is announced, subject to certain exceptions). As such, it was not retroactive and was therefore inapplicable on collateral review. Id. 37 More importantly, the Green court held that regardless of whether Old Chief announced a new rule, the gatekeeping provisions of § 2244 applied to Green's casebecause Green would not have been able to establish cause to excuse his failure to assert this claim in his first pre-AEDPA § 2255 motion to vacate. The court reasoned:”
2 later decisions quote this exact passage · from the majority“When a case implicates a federal statute enacted after the events in suit, and Congress has not expressly prescribed the statute’s proper reach, the court must determine whether the new statute would have a retroactive effect, i.e., whether it would impair rights a party possessed when he acted, increase a party’s liability for past conduct, or impose new duties with respect to transactions already completed.”
1 later decision quote this exact passage · from the majority
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.