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← 31 F.3d 741 - Stewart v. Nix

Stewart v. Nix’s Empirical Analysis

31 F.3d 741 · 1994

Citation profile

21
cited by 21 later decisions
3
states following
August 2009
most recently cited

10 federal appellate · 3 state decisions

Relationships

Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Strickland v. Washington · Keeney v. Tamayo-Reyes · Smittie v. Al Lockhart · Lawrence v. Armontrout · Stanley v. Al Lockhart

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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “To establish prejudice from counsel's failure to investigate a potential witness, a petitioner must show that the witness would have testified and that their testimony 'would have probably changed the outcome of the trial.'”
    2 later decisions quote this exact passage · from the majority
  2. “is entitled to an evidentiary hearing to introduce additional evidence [only] 'if he can show cause for his failure to develop the facts in state-court proceedings and actual prejudice resulting from that failure.'”
    1 later decision quote this exact passage · from the majority
  3. “pro se status does not excuse ... failure to develop material facts in ... state-court proceedings”
    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.