Cardenas v. Thaler’s Empirical Analysis
651 F.3d 442 · 2011
Citation profile
4 federal appellate ·
Relationships
Applies 28 U.S.C. § 2072 · 28 U.S.C. § 2074 · 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Slack v. McDaniel · Miller-El v. Cockrell Director Texas Department of Criminal Justice Institutional Division · Torres v. Oakland Scavenger Co. · Medellin v. Texas · Goodyear Dunlop Tires Operations, S. A. v. Brown
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he district court did not rule upon whether a COA is warranted, and “the lack of a ruling on a COA in the district court causes this court to be without jurisdiction to consider the appeal.” Whitehead v. Johnson, 157 F.3d 384 , 388 (5th Cir.1998); see also Brewer v. Quarterman, 475 F.3d 253 , 255 (5th Cir.2006) (per curiam) (“A district court must deny the COA before a petitioner can request one from this court. A request for COA must be filed in the district court before such a request can be made in the circuit court.” (internal quotation marks omitted)); Miller v. Dretke, 404 F.3d 908 , 912 (5th Cir.2005) (“Under Federal Rule of Appellate Procedure 22(b)(1), the district court must first decide whether to grant a COA request before one can be requested here.”); Sonnier v. Johnson, 161 F.3d 941 , 946 (5th Cir.1998) (“[T]he lack of a ruling on a COA in the district court causes this court to be without jurisdiction to consider the appeal.”); United States v. Youngblood, 116 F.3d 1113 , 1115 (5th Cir.1997) (“Under Muniz [v. Johnson, 114 F.3d 43 , 45 (5th Cir.1997) ], jurisdiction is not vested in this Court because the district court has not yet considered whether [a] COA should issue.”); Muniz, 114 F.3d at 45 (“A district court must deny the COA before a petitioner can request one from this court.”).”
2 later decisions quote this exact passage · from the majority“the absence of a prior determination by the district court on whether a COA should issue pose[s] a jurisdictional bar to this court's consideration of whether to grant or deny a COA.”
1 later decision quote this exact passage · from the majoritye.g. Black v. Davis“district court must issue or deny a certificate of appealability when it enters a final order adverse to the applicant.”
1 later decision quote this exact passage · from the majoritye.g. Black v. Davis
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.