Tolliver v. Sheets’s Empirical Analysis

Citation profile

14 federal appellate · 6 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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the petitioner fails to comply with a state procedural rule; (2) the state courts enforce the rule; (3) the state procedural rule is an adequate and independent state ground for denying review of a federal constitutional claim; and (4) the petitioner cannot show cause and prejudice excusing the default.”

   7 later decisions quote this exact passage · from the majority
   e.g. Guilmette v. Howes · Amos v. Renico

2. “(1) resulted in 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; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.”

   2 later decisions quote this exact passage · from the majority
   e.g. James Gajda v. Hugh Wolfenbarger · Forest Rupp v. Barry Goodrich

3. “We are bound by prior Sixth Circuit determinations that a rule has been clearly established”

   2 later decisions quote this exact passage · from the majority
   e.g. Marshall v. Rodgers · Marshall v. Rodgers