Emerson v. Johnson’s Empirical Analysis
243 F.3d 931 · 2001
Citation profile
32 federal appellate ·
How this case has been cited
Cited by 53 later decisions — most recently May 2020 · most notably Nara v. Frank (2001), Merritt v. Blaine (2003)
32 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 Christopher Artuz Superintendent Green Haven Correctional Facility v. Tony Bruce Bennett · Barr v. City of Columbia · Lovasz v. Vaughn · Williams v. Cain · Feliz Talaz Villegas v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division
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 53 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“since habeas petitioners ... may be unable to predict whether the Texas courts would apply the literal language of [the rule prohibiting motions for reconsideration] or the holdings of [the Texas Court of Criminal Appeals cases considering such motions], many would bypass the possible state court consideration of their claims and move directly to federal court [if the time during which they filed their motion for reconsideration did not toll the limitations period for filing federal habeas petitions].”
1 later decision quote this exact passage · from the majoritye.g. Elias v. Davis“given Artuz and Texas case law allowing habeas petitioners to file suggestions or motions for reconsideration, AEDPA's one-year statute of limitations is tolled during the period in which a Texas habeas petitioner has filed such a motion.”
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.