Cooper-Smith v. Palmateer’s Empirical Analysis
397 F.3d 1236 · 2005
Citation profile
28 federal appellate · 3 district ·
How this case has been cited
Cited by 64 later decisions — most recently January 2020 · most notably Sass v. California Board of Prison Terms (2006), Barker v. Fleming (2005)
28 federal appellate · 3 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 · Apprendi v. New Jersey · Blakely v. Washington · Williams v. Taylor · Hill v. Lockhart
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 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If the applicant has failed to develop the factual basis of a claim in State court proceedings, the court shall not hold an evidentiary hearing on the claim unless the applicant shows that— (A) the claim relies on— (i) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable; or (ii) a factual predicate that could not have been previously discovered through the exercise of due diligence; and (B) the facts underlying the claim would be sufficient to establish by clear and convincing evidence that but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense.”
5 later decisions quote this exact passage · from the majoritye.g. Schad v. Ryan · Schad v. Ryan“[t]he Supreme Court recently made clear in Holland v. Jackson, that the conditions of § 2254(e)(2) generally apply to Petitioners seeking relief based on new evidence, even when they do not seek an evidentiary hearing. An exception to this general rule exists if a Petitioner exercised diligence in his efforts to develop the factual basis of his claims in state court proceedings. We hold that this exception does not apply because ... Petitioner did not exercise the required diligence. Thus, under Holland, he must comply with § 2254(e)(2) in order to expand the record under Rule 7.”
1 later decision quote this exact passage · from the majoritye.g. Ward v. Hall“(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented....”
1 later decision quote this exact passage · from the majoritye.g. Davis v. Grigas
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.