Harris v. Champion’s Empirical Analysis
48 F.3d 1127 · 1995
Citation profile
19 federal appellate ·
How this case has been cited
Cited by 37 later decisions — most recently July 2021 · most notably United States v. Moreno (2006), Allen v. Mullin (2004)
19 federal appellate ·
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
Relies on Coleman v. Thompson · Griffin v. People of the State of Illinois · Rose v. Lundy · Granberry v. Greer · Department of Revenue of Montana v. Ranch
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a district court must dismiss [ 28 U.S.C. § 2254 ] habeas petitions containing both unexhausted and exhausted claims.”
2 later decisions quote this exact passage · from the majority“Delay by the state in adjudicating a petitioner’s direct criminal appeal can be deemed responsible for the petitioner’s failure to exhaust only those claims that he has raised in the direct state appeal. Therefore, if the petitioner raises claims in his federal habeas petition that he has not raised in state court, delay in adjudicating his state appeal cannot excuse his failure to exhaust such claims, and his petition will be a mixed one. Absent a determination by the federal court that the claims not raised in state court would now be procedurally barred, or that the interests of comity will be better served by hearing the merits of those claims, the petitioner will be faced with a choice of either having his entire petition dismissed as a mixed one, or abandoning those claims that he did not raise in state court and pursuing only those for which exhaustion can be excused. If the petitioner chooses the latter course, he then risks that a future federal petition raising the previously abandoned claims will be dismissed as an abuse of the writ.”
1 later decision quote this exact passage · from the majoritye.g. Capps v. Cowley“If a federal court that is faced with a mixed petition determines that the petitioner’s unexhausted claims would now be procedurally barred in state court, “there is a procedural default for purposes of federal habeas[.]” Coleman v. Thompson, 501 U.S. 722 , 735 n.1, 111 S.Ct. 2546 (1991). Therefore, instead of dismissing the entire petition, the court can deem the unexhausted claims procedurally barred and address the properly exhausted claims.”
1 later decision quote this exact passage · from the majority
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.