Rust v. Zent’s Empirical Analysis
17 F.3d 155 · 1994
Citation profile
63 federal appellate · 2 state decisions
How this case has been cited
Cited by 205 later decisions — most recently July 2014 · most notably Coleman v. Mitchell (2001), Gall v. Parker (2000)
63 federal appellate · 2 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. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Coleman v. Thompson · Murray v. Carrier · United States v. Frady · Rose v. Lundy
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 205 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“First, the federal court must determine whether there is a state procedural rule that is applicable to the petitioner’s claim and whether the petitioner failed to comply with that rule. Second, the federal court must determine whether the state courts actually enforced the state procedural sanction-that is, whether the state courts actually based their decisions on the procedural rule. Third, the federal court must decide whether the state procedural rule is an adequate and independent state ground on which the state can rely to foreclose federal review of a federal constitutional claim. Fourth, if the federal court answers the first three questions in the affirmative, it would not review the petitioner’s procedurally defaulted claim unless the petitioner can show cause for not following the procedural rule and that failure to review the claim would result in prejudice or a miscarriage of justice.”
5 later decisions quote this exact passage“'[w]here, ... the last reasoned opinion on the claim explicitly imposes a procedural default, we will presume that a later decision rejecting the claim did not silently disregard that bar and consider the merits.' " Id. (quoting Ylst v. Nunnemaker, 501 U.S. 797 , ----, 111 S.Ct. 2590, 2594 (1991)). 43 "Attorney error does not constitute cause ... unless it constitutes ineffective assistance of counsel under the test enunciated in Strickland v. Washington ", 466 U.S. 668 (1984). Rust, 17 F.3d at 161 (quoting Coleman v. Thompson, 501 U.S. 722 , 752-53 (1991). "Though ineffective assistance of counsel may constitute cause, 'the mere fact that counsel failed to recognize the factual or legal basis for a claim, or failed to raise the claim despite recognizing it, does not constitute cause for a procedural default.' " Rust, 17 F.3d at 161 (quoting Murray v. Carrier, 477 U.S. 478 , 486-87 (1986)). "[T]he existence of cause for a procedural default must ordinarily turn on whether the prisoner can show that some objective factor external to the defense impeded counsel's efforts to comply with the State's procedural rule.”
4 later decisions quote this exact passage“Exhaustion is a problem only if the state still provides a remedy for the habeas petitioner to pursue, thus providing the state courts an opportunity to correct a constitutionally infirm state court conviction. If no remedy exists, and the substance of a claim has not been presented to the state courts, no exhaustion problem exists; rather, it is a problem of determining whether cause and prejudice exist to excuse the failure to present the claim in the state courts.”
4 later decisions quote this exact passage
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.