King v. Bell’s Empirical Analysis
378 F.3d 550 · 2004
Citation profile
6 federal appellate ·
Relationships
Applies 28 U.S.C. § 2244 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Don Vicente Macias, Inc. v. Texas Gulf Trawling Co. · Santa Fe Independent School District v. Doe · Dunlap v. United States · Andrews v. Orr · Commissioner of Revenue of Massachusetts v. H.J. Wilson Co.
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) lack of actual notice of filing requirement; (2) lack of constructive knowledge of filing requirement; (3) diligence in pursuing one’s rights; (4) absence of prejudice to the defendant; and (5) a plaintiffs reasonableness in remaining ignorant of the notice requirement.”
3 later decisions quote this exact passage“King was diligent about pursuing his rights: within nine months of denial of post-conviction relief, he had filed a petition for certiorari, an intent to file a habeas petition, received counsel, and had established a filing schedule. Furthermore, he did not file according to the original schedule only because the government did not comply timely with a court order to produce voir dire transcripts. When King filed within the court-allotted 15 days after receiving the transcripts, he had no reason to anticipate any procedural difficulties: he had complied with the court-approved schedule, as modified in September 2000.... [W]e cannot expect that he would have known that the effect of the delay, over which he had no control, would be the loss of his ability to file a petition at all.”
1 later decision quote this exact passage
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.