Shelton v. Heard’s Empirical Analysis
696 F.2d 1127 · 1983
Citation profile
9 federal appellate · 1 state decisions
How this case has been cited
Cited by 29 later decisions — most recently October 2015 · most notably Gaines v. Manson (1984), Harris v. Champion (1991)
9 federal appellate · 1 state decisions
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 Fay v. Noia · Rose v. Lundy · Indiana Employment Security Division v. Burney · Thomas v. United States · Galtieri v. Wainwright
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he requirement to exhaust state remedies is not a jurisdictional limitation on the federal courts. Rather it is a matter of comity between the federal and state courts. The forbearance of the federal courts is based upon the assumption that the state remedies available to petitioners are adequate and effective to vindicate federal constitutional rights. When those state procedures become ineffective or inadequate, the foundation of the exhaustion requirement is undercut and the federal courts may take action.”
2 later decisions quote this exact passage · from the majority“the unexplained 16-month hiatus between the date the record was completed in Shelton's case and the date it was filed in the Texas Court of Criminal Appeals.”
1 later decision quote this exact passage · from the majoritye.g. Shelton v. Heard“circumstances rendering [the state remedy] process ineffective to protect the rights of the prisoner.”
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.