Ward v. Norris’s Empirical Analysis

Citation profile

13 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “First, any claim that has already been adjudicated in a previous petition must be dismissed. § 2244(b)(1). Second, any claim that has not already been adjudicated must be dismissed unless it relies on either a new and retroactive rule of constitutional law or new facts showing a high probability of actual innocence. § 2244(b)(2). Third, before the district court may accept a successive petition for filing, the court of appeals must determine that it presents a claim not previously raised that is sufficient to meet § 2244(b)(2)’s new-rule or actual-innocence provisions. § 2244(b)(3).”

   2 later decisions quote this exact passage · from the majority
   e.g. Barnett v. Roper · Barnett v. Roper

2. “[A] motion does not attack a federal court's determination on the merits if it 'merely asserts that a previous ruling which precluded a merits determination was in error-for example, a denial for such reasons as failure to exhaust, procedural default, or statute-of-limitations bar.'”

   2 later decisions quote this exact passage · from the majority
   e.g. Davis v. Kelley · Barnett v. Roper

3. “[W]e conclude that Ward’s Rule 60(b) and Rule 59 motions were improper because they were not based on a procedural defect, but rather attacked previous habeas counsel’s omissions and asked for a second opportunity to have the merits determined favorably.”) (citing Gonzalez, 545 U.S. at 532 n. 2, 125 S.Ct. 2641 ); United States v. Pedraza, 466 F.3d 932 , 934 (10th Cir.2006) (subjecting Rule 59(e) motions to the same limitations concerning second or successive motions as those arising under Rule 60(b)); United States v. Martin, 132 Fed.Appx. 450 , 451 (4th Cir.2005) (per curiam) (unpublished) (”

   1 later decision quote this exact passage · from the majority
   e.g. Williams v. Thaler