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← 71 F.3d 691 - Cawley v. E

Cawley v. E’s Empirical Analysis

Citation profile

30
cited by 30 later decisions
August 2010
most recently cited

1 district ·

How this case has been cited

Cited by 30 later decisions — most recently August 2010 · most notably Watkins v. Miller (2000), Thomas v. Gramley (1996)

1 district ·

160199020002010decided

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

Relies on Brady v. State of Maryland · Coleman v. Thompson · Wainwright v. Sykes · Murray v. Carrier · Engle v. Isaac

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

  1. “Consequently, failure to appeal the dismissal of a post-conviction petition in Illinois state court will ordinarily be treated as an independent and adequate state ground (as if a state court had actually found the claims procedurally barred), preempting further habeas review in federal court. * * * * * * [Paul] was required to file a timely motion for leave to appeal to the Illinois Supreme Court. This he did not do. Hence we cannot now hear his claims in federal court, unless he can establish cause and prejudice for his procedural default or demonstrate that failure to consider his claim will result in a “fundamental miscarriage of justice.””
    1 later decision quote this exact passage · from the majority
  2. “In other words, if the state in which the habeas petitioner was convicted would treat failure to appeal as a procedural default barring further review, that default likewise bars federal review of the claim. Thus the federal courts insist that the habeas petitioner respect the structure of the state court system, by complying with its rules and appellate scheme, before they will provide independent, collateral review of the petitioner’s claims.”
    1 later decision quote this exact passage · from the majority
  3. “It is clear that a defendant’s failure to appeal the dismissal of a post-conviction petition, coupled with the doctrines of res judicata and waiver, ordinarily bars further consideration of all claims which could have been raised.”
    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.