Montgomery v. Hopper’s Empirical Analysis
488 F.2d 877 · 1973
Citation profile
19 federal appellate · 1 district · 1 state decisions
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Fay v. Noia · Wynn v. Smith · Johnson v. Smith · Henry Lewis Montgomery v. E. B. Caldwell, Etc.
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[n]ot even an outright failure to file an appeal would, of itself, constitute a deliberate bypass in the absence of clear proof that the decision not to appeal was made knowingly and understandingly in order to secure some benefit to the petitioner.”
3 later decisions quote this exact passage · from the majority““The term ‘deliberate bypass’ is one of art. . . . The circumstances revealed by this record fall short of authorizing the conclusion that [the petitioner] deliberately bypassed his right of appeal . to gain any tactical or strategic advantage in the pursuit of his 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.