Fail v. Hubbard’s Empirical Analysis
315 F.3d 1059 · 2001
Citation profile
3 federal appellate · 1 district ·
Relationships
Applies 28 U.S.C. § 2244 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Rose v. Lundy · Duncan v. Walker · George Duncan Superintendent Great Meadow Correctional Facility v. Sherman Walker · Christopher Artuz Superintendent Green Haven Correctional Facility v. Tony Bruce Bennett · Willie Lee Miles v. Kw Prunty Attorney General of the State of California
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[b]y continuing to press his petition of entirely unexhausted claims after the district court informed him that he could only bring claims first brought in state court, Fail was the cause of the delay that ultimately made his petition untimely.”
3 later decisions quote this exact passage · from the majority“equitable tolled during the period between the date of the filing of an entirely unexhausted petition and the date of its dismissal by the district court without prejudice after the statute of limitations has run.”
2 later decisions quote this exact passage“Fail decided whether AEDPA's one-year statute of limitations may be”
2 later decisions quote this exact passage · from the concurrence
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.