21 F. Supp. 2d 1094 - Anthony v. Cambra’s Empirical Analysis
1998
Citation profile
2
cited by 2 later decisions
December 2000
most recently cited
Relationships
Relies on Rose v. Lundy · Schlup v. Delo · McCleskey v. Zant · Kuhlmann v. Wilson · Bonin v. Calderon
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“abuse of the writ " was not warranted. B. Timeliness 19 As an alternative ground for affirming the district court's denial of Anthony's motion to amend his petition and its denial of his one previously exhausted claim, the state argues that the district court erred in holding that Anthony's federal petition was timely filed. The state contends that Anthony's exhausted claim is time-barred because his petition was filed on June 13, 1997, more than a month after the AEDPA period of limitation expired on April 23, 1997. In this connection, the state argues that Anthony's state habeas petition, which contained Anthony's five unexhausted claims, did not toll the federal limitations period because it was not filed in the California Supreme Court until April 25, 1997, two days after the limitations period had expired. 20 The district court relied on two alternative theories in denying the state's timeliness objections. First, it reasoned that principles of equity required it to construe Anthony's June 13, 1997 petition "as an amendment or resubmission to the original petition filed on April 23, 1997.”
1 later decision quote this exact passage · from the majority“The court construed the petition as an amendment deleting the unexhausted claims and granted [Anthony's] motion to stay the petition to allow him an opportunity to exhaust his other five claims. Upon exhaustion of those claims, [Anthony] could move to further amend the petition to add the newly exhausted claims.”
1 later decision quote this exact passage · from the majority“that the prior petition have been determined on the merits”
1 later decision 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.