Tredway v. Farley’s Empirical Analysis

Citation profile

31 federal appellate · 1 district · 3 state decisions

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

1. “[b]ecause a person currently serving a sentence that was enhanced on the basis of a prior conviction is still in custody [on the enhancing conviction], he may challenge the enhancing conviction as constitutionally invalid even though that prior conviction's custodial term has expired.”

   2 later decisions quote this exact passage · from the majority
   e.g. Gregory E. Douglas v. D. Bruce Jordan · Ryan v. United States

2. “'a defendant's failure to use an initial opportunity to obtain review of a state conviction --- in a direct appeal or collaterally, while still serving the sentence--should not bar him from obtaining later indirect review of the conviction now being used in a wholly new manner.'”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Dave Williams v. Al C. Parke, Superintendent · Sanders v. United States

3. “'if a defendant does not have access to a fair procedure in a state court affording him a review, on the merits, of the constitutionality of a prior conviction after it has been incorporated into a new, enhanced sentence, a federal court may properly grant him such review.'”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Turner v. Farley · Moore v. Roberts