Esslinger v. Davis’s Empirical Analysis
44 F.3d 1515 · 1995
Citation profile
27 federal appellate · 2 state decisions
How this case has been cited
Cited by 47 later decisions (1 by the Supreme Court) — most recently July 2016 · most notably Trest v. Cain (1997), United States v. Pielago (1998)
27 federal appellate · 2 state decisions
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. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Gideon v. Wainwright · Hill v. Lockhart · Wainwright v. Sykes · Fay v. Noia
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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If, for example, the case presents an issue on which an unresolved question of fact or of state law might have an important bearing, both comity and judicial efficiency may make it appropriate for the [district] court to insist on complete exhaustion to make sure that it may ultimately review the issue on a fully informed basis.”
1 later decision quote this exact passagee.g. Moon v. Head“If the petitioner is to be afforded due process, he must receive notice of the court's inclination to interpose the default, an opportunity to demonstrate 'cause' for the default and 'prejudice,' and, if material issues of fact are present, an opportunity to present his evidence.”
1 later decision quote this exact passagee.g. Magouirk v. Phillips“district court may invoke the [procedural default] bar sua sponte [only] where ... requiring the petitioner to return to state court to exhaust his claims serves an important federal interest.”
1 later decision quote this exact passagee.g. Moon v. Head
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.