Tower v. Oj Phillips’s Empirical Analysis

Citation profile

13 federal appellate · 2 district ·

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

1. “Federal courts are precluded from addressing claims that have been held to be procedurally defaulted under state law. Coleman v. Thompson, 501 U.S. 722, 729-30 , 111 S.Ct. 2546, 2554 , 115 L.Ed.2d 640 (1991). In addition, federal courts may not address claims that have not been presented in state court if the state court would have found the claims to be procedurally defaulted, unless the petitioner is able to show both cause for the default and prejudice resulting therefrom. 10 Teague v. Lane, 489 U.S. 288, 297-99 , 109 S.Ct. 1060, 1068-69 , 103 L.Ed.2d 334 (1989); Engle v. Isaac, 456 U.S. 107, 128-29 , 102 S.Ct. 1558, 1572-73 , 71 L.Ed.2d 783 (1982).”

   2 later decisions quote this exact passage · from the majority
   e.g. Dorn v. Singletary · Grubbs v. Singletary

2. “[a]s Coleman v. Thompson makes clear, the Harris 13 presumption may not be applied in cases in which the state court opinion did not, at a minimum, discuss the federal grounds at issue.... [W]e may not assume that had the state court issued an opinion, it would have ignored its own procedural rules and reached the merits of this case.”

   2 later decisions quote this exact passage · from the majority
   e.g. Hogue v. Johnson · Kight v. Singletary

3. “magistrate judge and district court below ... that because the Florida courts never ruled on Tower's [post-conviction] motions, a showing of cause and prejudice was unnecessary.”

   1 later decision quote this exact passage · from the majority
   e.g. Hogue v. Johnson