Smith v. McKee’s Empirical Analysis
598 F.3d 374 · 2010
Citation profile
19 federal appellate ·
Appellate journey
reviewedthe decision below (from Illinois Northern District Court)
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Williams v. Taylor · Crawford v. Washington · Coleman v. Thompson · Ohio v. Roberts
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[i]f the claim comes from the Illinois state courts, the petitioner must have presented each claim in the habeas petition to the Illinois Appellate Court and to the Illinois Supreme Court in a petition for discretionary review. O’Sullivan v. Boerckel, 526 U.S. 888 , 844-45, 119 S.Ct. 1728 , 144 L.Ed.2d 1 (1999). As part of this requirement, a petitioner must have fairly presented both the operative facts and legal principles that control each claim to the state judiciary. Wilson v. Briley, 243 F.3d 325 , 327 (7th Cir.2001). A petitioner’s failure to fairly present each habeas claim to the state’s appellate and supreme court in a timely manner leads to a default of the claim, thus barring the federal court from reviewing the claim’s merits. O’Sullivan, 526 U.S. at 848 , 119 S.Ct. 1728 .”
1 later decision quote this exact passage · from the majoritye.g. Mulero v. Thompson“[A] federal court may excuse a procedural default if a petitioner can show either cause for the default and actual prejudice as a result of the alleged violation of federal law, or can demonstrate that failure to consider the claim will result in a fundamental miscarriage of justice.”
1 later decision quote this exact passage · from the majority“A state law ground that provides the basis for a state court decision is independent when the court actually relied on the procedural bar as an independent basis for its disposition of the case.”
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.