In re Swearingen’s Empirical Analysis

Citation profile

8 federal appellate · 1 state decisions

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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(2) A claim presented in a second or successive habeas corpus application under section 2254 that was not presented in a prior application shall be dismissed unless- ... (B)(i) the factual predicate for the claim could not have been discovered previously through the exercise of due diligence; and (ii) the facts underlying the claim, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense.”

   4 later decisions quote this exact passage · from the majority
   e.g. In re Raby · In re Swearingen

2. “The Fifth Circuit does not recognize freestanding claims of actual innocence on federal habeas review.”

   4 later decisions quote this exact passage · from the majority
   e.g. Floyd v. Vannoy · Floyd v. Vannoy

3. “it appears reasonably likely that the application satisfies the stringent requirement for the filing of a second or successive petition.”

   2 later decisions quote this exact passage · from the majority
   e.g. In re Raby · Charles Raby