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← 664 F.2d 109 - Smith v. Maggio

Smith v. Maggio’s Empirical Analysis

664 F.2d 109 · 1981

Citation profile

8
cited by 8 later decisions
August 1999
most recently cited

5 federal appellate ·

Relationships

Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Franks v. Delaware · Stone v. Powell · Sumner v. Mata · Lex Tex Ltd. v. Universal Textured Yarns, Inc. · Battie v. Estelle

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

  1. “The opportunity to present a fourth amendment claim to the state trial and appellate courts, whether or not that opportunity is exercised or proved successful, constitutes “an opportunity for full and fair consideration” of a defendant’s fourth amendment claim under Stone absent sufficient factual allegations and proof that the state process is “routinely or systematically applied in such a way as to prevent the actual litigation of fourth amendment claims on the merits.””
    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.