Allen v. Reed’s Empirical Analysis
427 F.3d 767 · 2005
Citation profile
1 federal appellate · 1 district · 1 state decisions
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 United States v. Booker · Apprendi v. New Jersey · Blakely v. Washington · Williams v. Taylor · Teague v. Lane
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] federal court may not grant habeas relief on a claim adjudicated on the merits in state court ... unless the state court decision was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court or was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. Moreover, state court fact findings are presumed correct unless the petitioner rebuts them by clear and convincing evidence.”
1 later decision quote this exact passage · from the majority“the `statutory maximum `for Apprendi purposes is the maximum sentence a judge may impose solely on the basis of the facts reflected in the jury verdict or admitted by the defendant. " Blakely v. Washington, supra, 542 U.S. at 303, 124 S.Ct. at 2537 . Thus, while Apprendi comports with the Blakely majority's interpretation of "statutory maximum,”
1 later decision quote this exact passage · from the concurrencee.g. People v. Wenzinger
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.