Shelton v. Carroll’s Empirical Analysis

Citation profile

9 federal appellate ·

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. “A state court decision is contrary to Supreme Court precedent under § 2254(d)(1), if the state court reached a conclusion opposite to that reached by [the Supreme] Court on a question of law or if the state court decides a case differently than [the Supreme] Court has on a set of materially indistinguishable facts. The state court’s decision is an unreasonable application of clearly established law, under § 2254(d)(1) if the state court: (1) unreasonably applies the correct Supreme Court precedent to the facts of a case; or (2) unreasonably extends or refuses to extend that precedent to a new context where it should (or should not) apply. The unreasonable application test is an objective one — a federal court may not grant habeas relief merely because it concludes that the state court applied federal law erroneously or incorrectly. We have previously held that our analysis under § 2254 is a two step process. First, we identify the applicable Supreme Court precedent and determine whether it resolves the petitioner's claim. If [we determine] that the state court decision was not 'contrary to’ the applicable body of Supreme Court law — either because the state court decision complies with the Supreme Court rule governing the claim, or because no such rule has been established — then [we] should undertake the second step of analyzing whether the decision was based on an ‘unreasonable application of Supreme Court precedent. Shelton v. Carroll, 464 F.3d 423 , 436-37 (3d Cir.2006) (”

   1 later decision quote this exact passage · from the majority
   e.g. Fahy v. Horn