Thompson v. Bell’s Empirical Analysis
373 F.3d 688 · 2004
Citation profile
13 federal appellate ·
Relationships
Applies 21 U.S.C. § 848 (§ 408 of the Controlled Substances Act) · 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 Strickland v. Washington · Williams v. Taylor · Cuyler v. Sullivan · Hickman v. Taylor · McMann v. Richardson
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]e recognize that a number of our sister circuits have held that the courts of appeals have the inherent equitable power to supplement the record on appeal, where the interests of justice require. Although recent Sixth Circuit cases indicate that we have not yet embraced the notion that the record can be supplemented under an appellate court’s equitable authority, in at least one earlier state habeas case we have so supplemented the record. Because [1] the evidence here was apparently negligently omitted, because [2] the evidence is so probative of Thompson’s mental state at the time of the crime, because [3] there is no surprise to respondent as it was his counsel who took the deposition, and because [4] this is a capital case, we believe that the circumstances of this case merit .consideration of the Sultan deposition pursuant to our equitable power to supplement the record on appeal.-...”
3 later decisions quote this exact passage · from the concurrence“As the district court pointed out, this motion was untimely, because the plain language of Rule 60(b) sets an absolute time limit on the motion of one year in addition to the requirement that the motion be filed within a reasonable time. Fed.R.Civ.P. 60(b). The district court therefore lacked the authority to grant relief.”
1 later decision quote this exact passage · from the concurrence“anything material ... omitted from or misstated in the record by error or accident ....”
1 later decision 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.