Taylor v. Gilkey’s Empirical Analysis
314 F.3d 832 · 2002
Citation profile
40 federal appellate ·
How this case has been cited
Cited by 55 later decisions (1 by the Supreme Court) — most recently March 2023 · most notably United States v. Winestock (2003), Gilbert v. United States (2011)
40 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 Strickland v. Washington · Schneckloth v. Bustamonte · Lindh v. Murphy · Sanders v. United States · United States v. Cotton
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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Every court that has addressed the matter has held that § 2255 is `inadequate or ineffective' only when a structural problem in § 2255 forecloses even one round of effective collateral review — and then only when as in Davenport the claim being foreclosed is one of actual innocence.”
2 later decisions quote this exact passage · from the concurrence“Although § 2244 refers to § 2254 rather than § 2255, we have held that the cross-reference to § 2244 in § 2255 [ (h) ] means that it is equally applicable to § 2255 motions.”
2 later decisions quote this exact passage · from the concurrence“To say that [the] limitations [adopted in 1996] authorize further collateral proceedings would be to use [§ 2255(e) ] to return the courts to the world of Sanders v. United States, 373 U.S. 1 , 83 S.Ct. 1068 , 10 L.Ed.2d 148 (1963), in which prisoners may file as many collateral attacks as they please, provided that they don’t abuse the writ. One goal of the Antiterrorism and Effective Death Penalty Act of 1996, which added § 2244(b) and [§ 2255(h) ] to the Judicial Code, was to replace Sanders with an approach under which only defined circumstances permit successive collateral attacks. See Burris v. Parke, 95 F.3d 465 (7th Cir.1996) (en banc). The escape hatch in [§ 2255(e) ] must be applied in light of that history.”
1 later decision quote this exact passage · from the concurrencee.g. Unthank v. Jett
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.