DiSimone v. Phillips’s Empirical Analysis
518 F.3d 124 · 2008
Citation profile
1 federal appellate · 1 district ·
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Brady v. State of Maryland · Younger v. Harris · Preiser v. Rodriguez · Rose v. Lundy · Blackledge v. Perry
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is true that in special circumstances federal courts may bar retrial of a successful habeas corpus petitioner without his having first sought protection from retrial in the state courts. In all but the most extreme circumstances, this would be appropriate only when the grant of habeas corpus is premised on a theory which inevitably precludes further trial.... In this case, the grant of habeas corpus relief vacating DiSimone’s conviction was not predicated on a ground that inevitably precludes retrial. It was grounded on the State’s failure to turn over exculpatory evidence in violation of Brady . A Brady violation ... is remediable upon a future trial.”
2 later decisions 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.