Terry v. Peyton’s Empirical Analysis

Citation profile

3 federal appellate · 3 district · 4 state decisions

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.

1. ““Terry’s able trial counsel made no objection to the questions or the testimony. In fact, the present contention appears to have been raised for the first time before this court. It is well settled that habeas corpus may not be used as a substitute for an appeal. 1 Moreover, we think that counsel’s failure to object, under the circumstances, amounted to a waiver of the claim now urged. . . We should not, at this point in the proceedings, afford an opportunity to challenge evidence and tactics earlier deemed by trial counsel to be unobjectionable and sound. Under Fay v. Noia, 372 U.S. 391, 439 , 83 S.Ct. 822 , 849, 9 L.Ed.2d 837 (1962), relief maybe denied a habeas applicant who, ‘ * * * after consultation with competent counsel or otherwise, understandingly and knowingly forewent the privilege of seeking to vindicate his federal claims in the state courts, whether for strategic, tactical, or any other reasons that can fairly be described as the deliberate by-passing of state procedures * * *’”

   1 later decision quote this exact passage · from the dissent
   e.g. Jones v. Director, Patuxent Institution