Donald Allen Wilder v. Janie Cockrell Director Texas Department of Criminal Justice Institutional Division’s Empirical Analysis
274 F.3d 255 · 2001
Citation profile
27 federal appellate · 1 state decisions
How this case has been cited
Cited by 57 later decisions — most recently May 2023 · most notably Anderson v. Johnson (2003), Morris v. Dretke (2005)
27 federal appellate · 1 state decisions
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 Strickland v. Washington · Chambers v. Mississippi · United States v. Cronic · Rose v. Lundy · Picard v. Connor
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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““To exhaust, a petitioner must have fairly presented the substance of his claim to the state courts.” Wilder v. Cockrell, 274 F.3d 255, 259 (5th Cir.2001) (citations and quotations omitted); see also Castillo v. Peoples, 489 U.S. 346, 351 , 109 S.Ct. 1056, 1060 , 103 L.Ed.2d 380 (1989). “It-is not enough that all the •facts necessary to support the federal claim were before the state courts or that a somewhat similar state-law claim was made.” Anderson v. Harless, 459 U.S. 4, 6 , 103 S.Ct. 276, 277 , 74 L.Ed.2d 3 (1982); see also Moore v. Cain, 298 F.3d 361 , 364-(5th Cir.2002). Rather, the -petitioner must ■ afford the state court a “fair opportunity to apply controlling legal principles to the facts bearing upon his constitutional claim.” Anderson, 459 U.S. at 6 , 103 S.Ct. at 277 . “Indeed, where petitioner advances in federal court an argument based on a legal theory distinct from that relied upon in the .state court, he fails to satisfy the exhaustion requirement.” Wilder, 274 F.3d at 259 (quoting Vela v. Estelle, 708 F.2d 954 , 958 n. 5 (5th Cir.1983)); Henry, 327 F.3d at 432.”
1 later decision quote this exact passage · from the majority“reflects a policy of federal-state comity ... designed to give the State an initial opportunity to pass upon and correct alleged violations of its prisoners' federal rights.”
1 later decision quote this exact passage · from the majoritye.g. Anderson v. Johnson
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.