Hernandez v. Greiner’s Empirical Analysis
2004
Citation profile
2 federal appellate · 1 state decisions
Relationships
Applies 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Batson v. Kentucky · Morrissey v. Brewer · Coleman v. Thompson · Goldberg v. Kelly
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is a maxim, not to be disregarded, that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit, when the very point is presented for decision. The reason of this maxim is obvious. The question actually before the court is investigated with care, and considered in its full extent. Other principles which may serve to illustrate it, are considered in their relation to the case decided, but their possible bearing on all other cases is seldom completely investigated.”
1 later decision quote this exact passage · from the dissente.g. In Re McBrearty“Whether a federal district court in a habeas proceeding under § 2254 has jurisdiction to relieve a criminal appellant from his counsel’s procedural default in failing to timely attend to a ministerial filing requirement to preserve an as of right appeal to the State’s highest court after leave to appeal has been granted by the State?”
1 later decision quote this exact passage · from the dissente.g. Hernandez v. Greiner
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.