Isham v. Randle’s Empirical Analysis
226 F.3d 691 · 2000
Citation profile
39 federal appellate ·
Relationships
Applies 28 U.S.C. § 2244 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Fay v. Noia · County Court of Ulster Cty. v. Allen · Texaco, Inc. v. Short · Hohn v. United States · Terry Lynn Rhine v. Bobby Boone
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 90 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review; (B) the date on which the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, if the applicant was prevented from filing by such State action; (C) the date on which the constitutional right asserted was initially recognized by the Supreme Court, if the right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or (D) the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence.”
11 later decisions quote this exact passage · from the majority“1) is a delayed Rule 26(B) application a part of the direct appeal process; 2) does the statute of limitations beginning running with the Ohio Supreme Court’s denial of the Rule 26(B) application or ninety days later, after the deadline for filing a petition for certiorari with the United States Supreme Court; and 3) does a delayed Rule 26(B) application delay the start of the statute of limitations under Section 2244(l)(a) or merely toll the statute of limitations while it is pending under Section 2244(d)(2)?”
3 later decisions quote this exact passage · from the majority“A petition for certiorari to the United States Supreme Court is not “state post conviction relief.” Neither is such a petition “other state collateral relief.” As the Tenth Circuit observed in Rhine, [182 F.3d at 1156,] a petition for a writ of certiorari to the United States Supreme Court is “simply not an application for state review of any kind.... ””
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.