Bachman v. Bagley’s Empirical Analysis

Citation profile

12 federal appellate · 1 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Petitioner] must show that he “was prevented from filing by” the alleged unconstitutional impediment, which he cannot do. [Petitioner] essentially claims that his misunderstanding of the law and his obligation to exhaust state remedies should forestall the commencement of the federal statute of limitations. These circumstances, however, did not prevent [Petitioner] from filing a federal habeas action. Because ignorance or confusion about the functioning of the federal statute of limitations does not qualify as an “impediment to filing an application created by State action in violation of the Constitution or laws of the United States,” [Petitioner’s] argument for a belated commencement of the limitation period under 28 U.S.C. § 2244 (d)(1)(B) is rejected.”

   1 later decision quote this exact passage · from the majority
   e.g. 789 F. Supp. 2d 1351 - Sallie v. Humphrey

2. “Similarly, § 2244(d)(1) provides that a “1-year period of limitation shall apply to an application for a writ of habeas corpus.” (Emphasis added.) The subsection then provides one means of calculating the limitation with regard to the “application” as a whole, § 2244(d)(1)(A) (date of final judgment), but three others that require claim-by-claim consideration, § 2244(d)(1)(B) (governmental interference); § 2244(d)(1)(C) (new right made retroactive); § 2244(d)(1)(D) (new factual predicate).”

   1 later decision quote this exact passage · from the majority
   e.g. Maldonado v. Thaler