Burbank v. Maloney’s Empirical Analysis

Citation profile

3 district ·

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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A federal court will not entertain a petition for habeas relief unless the petitioner has fully exhausted his or her state remedies with respect to each and every claim contained in the petition. See Adelson v. DiPaola, 131 F.3d 259, 261 (1st Cir.1997). The exhaustion principle ensures that state courts have the first opportunity to correct their own constitutional errors. See Mele v. Fitchburg Dist. Court, 850 F.2d 817, 819 (1st Cir.1988). In order to fulfill the exhaustion requirement, the petitioner must have presented his or her federal claims to the state’s highest tribunal within “the four corners” of his or her application for further appellate review. Adelson, 131 F.3d at 263 . “It is not enough merely to raise an issue before an intermediate court; one who seeks to invoke the federal habeas power must fairly present — or do his best to present — the issue to the state’s highest tribunal.” Mele, 850 F.2d at 820 . The petitioner bears the “heavy” burden of showing the fair presentation of the federal claim to the highest state court. See Nadworny v. Fair, 872 F.2d 1093, 1098 (1st Cir.1989).”

   1 later decision quote this exact passage
   e.g. 68 F. Supp. 2d 1 - McCambridge v. Hall