Chavis v. Lemarque’s Empirical Analysis
382 F.3d 921 · 2004
Citation profile
12 federal appellate ·
Appellate journey
Relationships
Applies 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 Christopher Artuz Superintendent Green Haven Correctional Facility v. Tony Bruce Bennett · Carey Warden v. Saffold · 5 Cal. 4th 750 - In Re Clark · In Re Dixon · 18 Cal. 4th 770 - In Re Robbins
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Under our decision in Saffold, because Chavis's November 1997 habeas petition to the California Supreme Court was denied on the merits, it was pending during the interval between the Court of Appeal decision and the Supreme Court petition and he is entitled to tolling. See [ Saffold v. Carey, 312 F.3d 1031, 1034-1036 (2002)]. When the California Supreme Court denies a habeas petition without comment or citation, we have long treated the denial as a decision on the merits. Hunter v. Aispuro, 982 F. 2d 344, 348 (9th Cir. 1992). Therefore, the California Supreme Court's summary denial was on the merits, and the petition was not dismissed as untimely. See id.; see also Delhomme v. Ramirez, 340 F.3d 817, 819 , 820 n. 2 (9th Cir. 2003) (noting that there was no indication that a state habeas petition was untimely where the California Supreme Court denied the petition without comment or citation). As a result, Chavis is entitled to tolling during [the relevant period]." 382 F.3d, at 926 (emphasis added).”
1 later decision quote this exact passage · from the majoritye.g. Evans v. Chavis“The state argues that we must determine the reasonableness of the three-year delay during Chavis’s first round of state petitions, looking to state law. However, we rejected that approach on remand in Saffold, and held that the relevant inquiry is whether the state court denied the petition as untimely.”
1 later decision quote this exact passage · from the majoritye.g. Gaston v. Palmer“`on the merits and for lack of diligence.'”
1 later decision quote this exact passage · from the majoritye.g. Evans v. Chavis
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.