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← 682 F.2d 461 - Fred Tweety, Jr. v. J. P. Mitchell, Warden

Fred Tweety, Jr. v. J. P. Mitchell, Warden’s Empirical Analysis

682 F.2d 461 · 1982

Citation profile

16
cited by 16 later decisions
1
states following
August 1991
most recently cited

9 federal appellate · 1 state decisions

Relationships

Relies on In the Matter of Samuel Winship · Wainwright v. Sykes · United States v. Frady · Sandstrom v. Montana · Mullaney v. Wilbur

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

  1. “[We] are not prepared to presume that the Court dismissed Tweety’s petition on the merits simply because the court failed to state the grounds for its decision, [footnote omitted] and we agree with the district court that the Virginia Supreme Court probably dismissed Tweety’s state habeas petition for failure to make a contemporaneous objection.”
    2 later decisions quote this exact passage · from the majority
  2. ““In this case, the Virginia Supreme Court failed to state the basis for its dismissal of Tweety’s habeas petition ... thus we are left to speculate whether the Virginia Supreme Court dismissed the case on State procedural grounds which would preclude federal habeas corpus review under Wainwright v. Sykes, supra, or whether the Court dismissed the opinion upon consideration of the merits in which case a review of the merits by this Court will be appropriate.” [fn. omitted.]”
    1 later decision quote this exact passage · from the majority
  3. ““[W]e are not prepared to presume that the Court dismissed Tweety’s petition on the merits simply because the Court failed to state the grounds for its decision and we agree with the district court that the Virginia Supreme Court probably dismissed Tweety’s State habeas peti tion for failure to make a contemporaneous objection.””
    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.