Kernan v. Cuero’s Empirical Analysis
2017
Citation profile
4 federal appellate · 3 state decisions
Appellate journey
reviewedCuero v. Cate (from Ninth Circuit Court of Appeals)
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Santobello v. New York · Yarborough v. Alvarado · Harrington v. Richter · McNeill v. United States · Harrington v. Richter
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.”
2 later decisions quote this exact passage · from the majority“[r]eversal would simply 'und[o] what the habeas corpus court did,' namely, permit the state courts to determine in the first instance the lawfulness of a longer sentence not yet served.”
1 later decision quote this exact passage · from the majoritye.g. Cuero v. Kernan“a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States .”
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.