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← 341 F.3d 1240 - Walker v. Crosby

Walker v. Crosby’s Empirical Analysis

341 F.3d 1240 · 2003

Citation profile

42
cited by 42 later decisions
September 2015
most recently cited

25 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 Slack v. McDaniel · Rose v. Lundy · Christopher Artuz Superintendent Green Haven Correctional Facility v. Tony Bruce Bennett · Harris v. Garner · Moore v. Texas

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

  1. “A 1-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation period shall run from the latest of— (A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review; (B) the date on which the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, if the applicant was prevented from filing by such State action; (C) the date on which the constitutional right asserted was initially recognized by the Supreme Court, if the right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or (D) the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence.”
    4 later decisions quote this exact passage · from the majority
  2. “We recognize that § 2244(d)(1) as written allows for the resurrection of what seem to be time-barred claims tagging along on the coattails of a timely claim. Nevertheless, Congress wrote the statute, and we cannot see how it can be read any other way without departing from the plain meaning of the words of the statute. The Supreme Court has advised that “[w]hatever merits ... policy arguments may have, it is not the province of this Court to rewrite the statute to accommodate them.” Artuz [v. Bennett], 531 U.S. [4,] 10, 121 S.Ct. [361,] 365 [ 148 L.Ed.2d 213 (2000) ].”
    1 later decision quote this exact passage · from the majority
  3. “Section 2244(d)(1) states the limitation period shall apply to “an application for a writ of habeas corpus.” Contrast the language in § 2244(d) creating a statute of limitations with the language in § 2244(b) requiring dismissal of certain claims presented in a second or successive application. The former speaks only to the timeliness of the “application,” while the latter allows for the dismissal of “claims” within a second or successive application if they were or could have been presented in a prior application.”
    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.