Padavich v. Thalacker’s Empirical Analysis

Citation profile

6 federal appellate · 2 district ·

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

1. “We have recognized the futility of requiring a habeas petitioner to exhaust state remedies when the state court has recently decided the same legal question adversely to the petitioner under nearly identical facts. See Hawkins v. Higgins, 898 F.2d 1365, 1367 (8th Cir.1990); Piercy v. Black, 801 F.2d 1075, 1077-78 (8th Cir.1986). Nevertheless, the State reminds us of the United States Supreme Court’s admonishment that a defendant may not fail to raise a constitutional objection in “the state courts simply because [the defendant] thinks [the state courts] will be unsympathetic to the claim.” Engle v. Isaac, 456 U.S. 107, 130 , 102 S.Ct. 1558 , 71 L.Ed.2d 783 (1982). As the Supreme Court pointed out, “[e]ven a state court that has previously rejected a constitutional argument may decide, upon reflection, that the contention is valid.” Id.”

   1 later decision quote this exact passage · from the majority
   e.g. 78 F. Supp. 2d 898 - Doty v. Lund