Rose v. Palmateer’s Empirical Analysis
395 F.3d 1108 · 2005
Citation profile
5 federal appellate · 2 district ·
How this case has been cited
Cited by 13 later decisions — most recently December 2024
5 federal appellate · 2 district ·
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. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Kimmelman v. Morrison · Duncan v. Henry · Baldwin v. Reese · United States v. Navarro-Botello
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Here, although Rose’s Fifth Amendment claim is related to his claim of ineffective assistance, he did not fairly present the Fifth Amendment claim to the state courts when he merely discussed it as one of several issues which were handled ineffectively by his trial and appellate counsel. While admittedly related, they are distinct claims with separate elements of proof, and each claim should have been separately and specifically presented to the state courts.”
1 later decision quote this exact passage“Pursuant to 28 U.S.C. § 2254 (b)(1)(A), a federal court may not consider the merits of Rose’s Fifth Amendment claim unless he has exhausted all available state court remedies.”
1 later decision quote this exact passagee.g. Cook v. Schriro
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.