Wade v. Battle’s Empirical Analysis

Citation profile

20 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Equitable tolling can be applied to prevent the application of AEDPA’s statutory deadline when “extraordinary circumstances” have worked to prevent an otherwise diligent petitioner from timely filing his petition. Equitable tolling is an extraordinary remedy that is typically applied sparingly; however, it is appropriate when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence. The burden of establishing entitlement to this extraordinary remedy plainly rests with the petitioner.”

   1 later decision quote this exact passage · from the majority
   e.g. Frenchon R. Hill v. Kenneth Jones

2. “Even prior to Artuz, this Court held that a petitioner’s state post-conviction application must meet state filing deadlines in order to toll AEDPA’s one year-limitation period.” Wade, 379 F.3d at 1260 (citing Webster v. Moore, 199 F.3d 1256, 1258 (11th Cir.2000)). 7 . In Sweet, this Court emphasized that”

   1 later decision quote this exact passage · from the majority
   e.g. Lynwood Williams v. Charlie Crist

3. “[A]n application is pending as long as the ordinary state collateral review process is “in continuance” — i.e., “until the completion of’ that process. In other words, until the application has achieved final resolution through the State’s post-conviction procedures, by definition it remains “pending.””

   1 later decision quote this exact passage · from the majority
   e.g. Lynwood Williams v. Charlie Crist