In re Jones’s Empirical Analysis
652 F.3d 603 · 2010
Citation profile
6 federal appellate ·
Relationships
Applies 28 U.S.C. § 2244 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Brady v. State of Maryland · Slack v. McDaniel · Ford v. Wainwright · California Department of Corrections v. Morales · Wilkinson Director Ohio Department of Rehabilitation and Correction et al. v. Dotson et al.
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(A) the applicant shows that the claim relies on a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable; or (B) (i) the factual predicate for the claim could not have been discovered previously through the exercise of due diligence; and (ii) the facts underlying the claim, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense.”
1 later decision quote this exact passagee.g. In re Wogenstahl“not all second-in-time petitions are 'second or successive.' " In re Coley , 871 F.3d 455 , 457 (6th Cir.2017) (quoting Panetti v. Quarterman , 551 U.S. 930 , 944, 127 S.Ct. 2842 , 168 L.Ed.2d 662 (2007) ). "[A] numerically second petition is not properly termed 'second or successive' to the extent it asserts claims whose predicates arose after the filing of the original petition.”
1 later decision quote this exact passagee.g. In re Wogenstahl“the events giving rise to the claim had not yet occurred”
1 later decision quote this exact passagee.g. In re Wogenstahl
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.