57 F. Supp. 2d 313 - Strickler v. Greene’s Empirical Analysis

Citation profile

2 federal appellate ·

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

1. “[T]he statute does not textually confíne compensation to federal clemency proceedings. Instead, the statutory text authorizes compensation for representation in “proceedings for executive or other clemency as may be available to the defendant.” (Emphasis added). The only clemency proceedings available to petitioners under 28 U.S.C. § 2254 are those offered by the state. Thus, by entitling petitioners under 28 U.S.C. § 2254 to attorneys and such other services as are available under subsection (8), Congress created in Petitioner an entitlement to paid counsel in connection with the proceedings for which Congress provided compensation when it enacted Section 848(q)(4)(B).”

   1 later decision quote this exact passage · from the majority
   e.g. 133 F. Supp. 2d 931 - Chambers v. Johnson

2. “[Although] in most cases, the request for compensation should be made before the services are rendered ... it would not be appropriate to apply that rule before announcing an intent to do so. Hence the Court will entertain the application for fees on this occasion, notwithstanding the absence of previous approval. Any future services in pursuit of clemency will be uncompensated unless previous approval is secured.”

   1 later decision quote this exact passage · from the majority
   e.g. 133 F. Supp. 2d 931 - Chambers v. Johnson