Crews v. Horn’s Empirical Analysis
360 F.3d 146 · 2004
Citation profile
12 federal appellate · 1 district ·
How this case has been cited
Cited by 33 later decisions (2 by the Supreme Court) — most recently August 2024 · most notably Rhines v. Weber (2005), Pliler Warden v. Ford (2004)
12 federal appellate · 1 district ·
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
Applies 21 U.S.C. § 848 (§ 408 of the Controlled Substances Act) · 28 U.S.C. § 1291 · 28 U.S.C. § 2244 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2251 (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 · Carey Warden v. Saffold
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A]lthough the Court's pre-AEDPA decision in Rose v. Lundy prescribed the dismissal of federal habeas corpus petitions containing unexhausted claims, in our post-AEDPA world there is no reason why a district court should not retain jurisdiction over a meritorious claim and stay further proceedings pending the complete exhaustion of state remedies.”
2 later decisions quote this exact passage · from the majority“[s]taying a habeas petition pending exhaustion of state remedies is a permissible and effective way to avoid barring from federal court a petitioner who timely files a mixed petition.”
2 later decisions quote this exact passage · from the majority“a properly filed application for State post-conviction or other collateral review ... is pending.”
2 later decisions 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.