McCarthy v. Manson’s Empirical Analysis
1982
Citation profile
5 federal appellate · 2 district · 1 state decisions
How this case has been cited
Cited by 19 later decisions — most recently March 2019
5 federal appellate · 2 district · 1 state decisions
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
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 636
Relies on Barker v. Wingo · Townsend v. Sain · Santobello v. New York · United States v. Marion · Rose v. Lundy
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is improper for an objecting party to attempt to relitigate the entire content of the hearing before the Magistrate Judge by submitting papers to a district court which are nothing more than a rehashing of the same arguments and positions taken in the original papers submitted to the Magistrate Judge. Clearly, parties are not to be afforded a 'second bite at the apple' when they file objections to a Report and Recommendation, as the goal of the federal statute providing for the assignment of cases to magistrates is to 'increas[e] the overall efficiency of the federal judiciary.’”
3 later decisions quote this exact passage · from the majority“The basis for rejection of the concept of waiver ... is found in the policy underlying the exhaustion requirement. Exhaustion is a rule of comity. “Comity,” in this context, is that measure of deference and consideration that the federal judiciary must afford to the co-equal judicial systems of the various states. Exhaustion, then, serves an interest not of state prosecutors but of state courts. It follows, therefore, that the state court interest which underlies the exhaustion requirement of § 2254(b) cannot be conceded or waived by state prosecutors— for the state court interest in having “an initial ‘opportunity to pass upon and correct’ alleged violations of its prisoners’ federal rights” is simply not an interest that state prosecutors have been empowered to yield. “Waiver,” like “concession,” is not a talisman, the incantation of which will cause the exhaustion requirement to disappear. That requirement remains.”
1 later decision quote this exact passage · from the majority“[i]t is a fundamental principle of constitutional law that constitutional obligations cannot be avoided because of a lack of funding.”
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.