Banjo v. Ayers’s Empirical Analysis

Citation profile

8 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “California's unusual system of independent collateral review” in which “a prisoner seeks review of a lower court’s denial of relief by filing an original petition for habeas corpus in the reviewing court,” rather than an appeal, and a”

   2 later decisions quote this exact passage · from the majority
   e.g. Mitchell v. Valenzuela · Keith Mitchell v. Anthony Hedgpeth

2. “First, we ask whether the petitioner’s subsequent petitions are limited to an elaboration of the facts relating to the claims in the first petition. If not, these petitions constitute a “new round” and the gap between the rounds is not tolled. But if the petitioner simply attempted to correct the deficiencies, then the petitioner is still making proper use of state court procedures, and his application is still “pending” for tolling purposes.... We then ask whether they were ultimately denied on the merits or deemed untimely. In the former event, the time gap between the petitions is tolled; in the latter event it is not.”

   1 later decision quote this exact passage · from the majority
   e.g. Stancle v. Clay

3. “bears the burden of proving that the statute of limitation was tolled.”

   1 later decision quote this exact passage · from the majority
   e.g. Valdez v. Montgomery