38 F. Supp. 2d 417 - Jenkins v. Smith’s Empirical Analysis
1999
Citation profile
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
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.
“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 passagee.g. State v. Adams“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 passagee.g. State v. Adams“`merely clarified what has always been the law in Maryland'”
1 later decision quote this exact passagee.g. State v. Adams
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.