Ex Parte Kerr’s Empirical Analysis

Citation profile

4 federal appellate · 16 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. “(a) If a subsequent application for a writ of habeas corpus is filed after filing an initial application, a court may not consider the merits of or grant relief based on the subsequent application unless the application contains sufficient specific facts establishing that: (1) the current claims and issues have not been and could not have been presented previously in a timely initial application or in a previously considered application filed under this article or article 11.07 because the factual or legal basis for the claim was unavailable on the date the applicant filed the previous application.”

   2 later decisions quote this exact passage
   e.g. Moore v. Quarterman · Ex Parte Graves

2. “a farce and travesty of applicant’s legal right to apply for habeas relief. It appears that this Court, in approving such a charade, is punishing applicant, rewarding the State, and perhaps even encouraging other attorneys to file perfunctory “non-applications.” Such a “non-application” certainly makes it easier on everyone—no need for the attorney, the State, or this Court to consider any potential challenges to anything that happened at trial. Nevertheless, the Legislature has provided convicted capital defendants with the right to make such challenges by habeas corpus application. 32”

   1 later decision quote this exact passage · from the majority
   e.g. Medina, Hector Rolando

3. “The purpose of a writ of habeas corpus is to obtain a speedy and effective adjudication of a person's right to liberation from illegal restraint.”)(citing Blackledge v. Allison, 431 U.S. 63, 71 , 97 S.Ct. 1621 , 52 L.Ed.2d 136 (1977) (”

   1 later decision quote this exact passage · from the majority
   e.g. Gibson v. Dallas County District Clerk