Webster v. Moore’s Empirical Analysis
199 F.3d 1256 · 2000
Citation profile
43 federal appellate ·
How this case has been cited
Cited by 89 later decisions — most recently March 2021 · most notably Drew v. Department of Corrections (2002), Nyland v. Moore (2000)
43 federal appellate ·
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 Coleman v. Thompson · James v. Kentucky · Borja v. Immigration and Naturalization Service Briones · Lovasz v. Vaughn · Tony Bruce Bennett v. Christopher Artuz, Superintendent
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 89 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.”
3 later decisions quote this exact passage · from the majority“cannot toll that period because there is no period remaining to be tolled.”
3 later decisions quote this exact passage · from the majority“Federal courts have begun to struggle with the meaning of the term “properly filed” as contemplated by the statute, and have developed different interpretive approaches. One court concluded that “properly filed” entails not only some notion of procedural propriety but also a threshold inquiry into substantive merit, see Valentine v. Senkowski, 966 F.Supp. 239, 240-41 (S.D.N.Y.1997), but that decision has been recently overruled, see Bennett v. Ariuz, 199 F.3d 116 (2d Cir.1999). Others have ruled that a “properly filed” state-court petition must comply only with the procedural requirements for filing, such as place, fee payment, and notice. Some opinions have clarified that these procedural formalities include state filing deadlines. See Hoggro v. Boone, 150 F.3d 1223 , 1226 & n. 4 (10th Cir.1998); Lovasz v. Vaughn, 134 F.3d 146, 148-49 (3d Cir.1998). Conversely, other cases hold that they do not include more complex state procedural doctrines relating to timeliness or repetitiveness. See, e.g., Bennett, 199 F.3d at 121 (ruling a state petition “properly filed” even though the state court found it procedurally barred under a rule barring collateral claims that could have been raised on direct appeal); Villegas v. Johnson, 184 F.3d 467, 467-73 (5th Cir.1999) (holding a state petition, dismissed as successive or as an abuse of the writ, “properly filed”); Lucas v. Carter, 46 F.Supp.2d 709, 711-12 (N.D.Ohio 1999) (concluding that a petition dismissed by the state court on res jud”
2 later decisions 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.