Lum v. Penarosa’s Empirical Analysis

Citation profile

2 federal appellate · 1 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This Court agrees with the Tenth Circuit's sound analysis, that when a habeas petition is clearly without merit, the interests of comity and federalism, which underpin the exhaustion doctrine, are better served if the federal court addresses the merits pursuant to § 2254(b)(2), rather than sending the petitioner back to the state courts on a futile quest to exhaust ultimately meritless claims.”); United States ex rel. Walton v. Gilmore, No. 96 C 2375, 1997 WL 51703 at (N.D.Ill. Feb.4, 1997) (dismissal without prejudice granted where”

   2 later decisions quote this exact passage · from the majority
   e.g. 51 F. Supp. 2d 415 - Otero v. Stinson · 53 F. Supp. 2d 605 - Orraca v. Walker

2. “This bill also provides that an application for a writ of habeas corpus may be denied on the merits even if it might otherwise be dismissed because the applicant has failed to exhaust state remedies. This reform will help avoid the waste of state and federal resources that now result when a prisoner presenting a hopeless petition to federal court is sent back to the state courts to exhaust state remedies. It will also help avoid potentially burdensome and protracted inquiries as to whether state remedies have been exhausted, in cases in which it is easier and quicker to reach a negative determination of the merits of a petition. This amendment does not undermine the policy of comity to state courts that underlies the exhaustion requirement, since the federal habeas court would only be permitted to deny an unexhaust-ed claim.”

   1 later decision quote this exact passage · from the majority
   e.g. 293 F. Supp. 2d 1184 - Brown v. Walker