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← 38 F. Supp. 2d 417 - Jenkins v. Smith

38 F. Supp. 2d 417 - Jenkins v. Smith’s Empirical Analysis

1999

Citation profile

5
cited by 5 later decisions
1
states following
February 2010
most recently cited

1 district · 2 state decisions

How this case has been cited

Cited by 5 later decisions — most recently February 2010

1 district · 2 state decisions

30199920002010decided

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 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Jackson v. Virginia · In the Matter of Samuel Winship · Wainwright v. Sykes · Sandstrom v. Montana · County Court of Ulster Cty. v. Allen

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

  1. “The analysis in this case does not end here, however. Despite Jenkins having procedurally waived his right to object to the jury instructions, the Circuit Court for Prince George's County addressed on the merits his argument raised for the first time in his fifth post conviction petition and fifth habeas corpus petition. The Wainwright rule is therefore inapplicable where the state in effect ignores its own independent state procedural default rule and addresses the merits of an argument.... Accordingly, Jenkins' objection to the jury instructions is properly before the Court in this § 2254 petition.”
    1 later decision quote this exact passage
  2. “Jenkins did not raise an objection to the advisory nature of the jury instructions at the trial or on appeal, and thus, consistent with Maryland's procedural default rule, appears to have waived the right to raise the issue on post-conviction or habeas review.”
    1 later decision quote this exact passage
  3. “`merely clarified what has always been the law in Maryland'”
    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.