Smith v. Atkins’s Empirical Analysis
678 F.2d 883 · 1982
Citation profile
18 federal appellate · 5 district ·
How this case has been cited
Cited by 31 later decisions — most recently February 2007 · most notably Osborn v. Shillinger (1988), Tapia v. Tansy (1991)
18 federal appellate · 5 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Franks v. Delaware · Rose v. Lundy · Brown v. Allen · Sanders v. United States · Sumner v. Mata
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“avoid dismissal of his petition by amending the petition to delete the unexhausted claims. However, if the petitioner elects to amend his petition, he risks forfeiting any future consideration of the unexhausted issues under the successive petition doctrine.”
1 later decision quote this exact passage · from the majority“[the issue] challenging the sufficiency of the evidence to support the verdict, involves solely a question of law which was addressed by the state court on direct appeal and [thus has been exhausted].”
1 later decision quote this exact passage · from the concurrence“[t]he relevant inquiry ... is whether the factual issue was presented to the state courts in a posture allowing full and fair consideration.”
1 later decision quote this exact passage · from the concurrence
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.