Davis v. Borgen’s Empirical Analysis

Citation profile

8 federal appellate ·

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

1. “(1) A certificate of appealability may be issued only if the prisoner has at least one substantial constitutional question for appeal. 28 U.S.C. § 2253 (c)(2). (2) The certificate must identify each substantial constitutional question. 28 U.S.C. § 2253 (c)(3); Beyer v. Litseher, 306 F.3d 504 (7th Cir.2002).(3) If there is a substantial constitutional issue, and, an antecedent non-constitutional issue independently is substantial, then the certificate may include that issue as well. See Slack v. McDaniel, 529 U.S. 473 , 484, 120 S.Ct. 1595 , 146 L.Ed.2d 542 (2000); Owens v. Boyd, 235 F.3d 356 (7th Cir.2000).(4) Any substantial non-constitutional issue must be identified specifically in the certificate. 28 U.S.C. § 2253 (c)(3). (5) If success on a non-constitutional issue is essential (compliance with the statute of limitations is a good example), and there is no substantial argument that the district judge erred in resolving the non-constitutional question, then no certificate of appeala-bility should issue even if the constitutional question standing alone would have justified an appeal. See Anderson v. Litseher, 281 F.3d 672 (7th Cir.2002).”

   2 later decisions quote this exact passage · from the majority
   e.g. Young v. United States · Resendez v. Knight

2. “[a] certificate of appealability may issue ... only if the applicant has made a substantial showing of the denial of a constitutional right.”

   1 later decision quote this exact passage · from the majority
   e.g. Resendez v. Knight