George Bernard Colbert v. Frederick Head’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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In interpreting Artuz , we have concluded that we must give “due deference” to state procedural rules governing whether a § 2244(d)(2) application is “properly filed,” with the caveat that the state rule be “firmly established and regularly followed.” Wade, 379 F.3d at 1259-60 . In Siebert v. Campbell, 334 F.3d 1018, 1025 (11th Cir.2003), we examined whether § 2244(d)(2)’s tolling provisions were applicable when a state habeas court had found that the petitioner’s application for habeas relief was precluded by a state statute of limitations. Id. at 1021. We discussed that: The aims of comity and federalism that animate both AEDPA and the doctrine of procedural default favor deference toward state procedural rules only when their consistent application demonstrates the state’s real reliance on them as a means to the orderly administration of justice. Id. at 1025. Thus, after determining that the state rule at issue was not “firmly established and regularly followed” at the time of the petitioner’s state habeas filing, we concluded in Siebert that the rule should not be given deference. Id. at 1025-29.”

   1 later decision quote this exact passage · from the majority
   e.g. 880 F. Supp. 2d 1162 - Kuenzel v. Allen