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← 175 F.3d 504 - Gosier v. Welborn

Gosier v. Welborn’s Empirical Analysis

175 F.3d 504 · 1999

Citation profile

45
cited by 45 later decisions
2
cited 2 times by the Supreme Court
1
states following
June 2021
most recently cited

21 federal appellate · 1 district · 1 state decisions

How this case has been cited

Cited by 45 later decisions (2 by the Supreme Court) — most recently June 2021 · most notably Woodford Warden v. Garceau (2003), Moore v. Gibson (1999)

21 federal appellate · 1 district · 1 state decisions

3701999200020102020decided

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 21 U.S.C. § 848 (§ 408 of the Controlled Substances Act) · 28 U.S.C. § 1254 · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Faretta v. California · Coleman v. Thompson · Brecht v. Abrahamson · Teague v. Lane · Johnson v. United States

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

  1. “(d) An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim— (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.”
    4 later decisions quote this exact passage · from the dissent
  2. “All of this calls into question Tenner's ability to understand the proceedings and assist in his defense at trial, according to his current lawyers. But the district judge declined to hold a factual hearing on this subject, ruling that the facts available to the state trial judge would not have created a substantial doubt about Tenner's competence. 12 This way of phrasing the question is important. The record certainly contains evidence that Tenner has mental problems. But people who suffer from paranoia display”
    1 later decision quote this exact passage · from the dissent
  3. “[t]he answer to that question does not bear on ... whether an application for counsel ... is a `case pending' under Chapter 153 of the Judicial Code — the critical question for application of the AEDPA.”
    1 later decision quote this exact passage · from the dissent

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.