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← 723 F.3d 600 - Palacios v. Stephens

Palacios v. Stephens’s Empirical Analysis

723 F.3d 600 · 2013

Citation profile

13
cited by 13 later decisions
1
states following
June 2021
most recently cited

2 federal appellate · 1 state decisions

Relationships

Applies 28 U.S.C. § 2244 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Pace v. Superintendent State Correctional Institution at Graterford · Holland v. Florida · Holland v. Florida · Fisher v. Johnson · United States v. Bormes

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

  1. “Equitable tolling is permissible only in 'rare and exceptional circumstances.' " United States v. Wynn , 292 F.3d 226 , 230 (5th Cir. 2002) (quoting Davis v. Johnson , 158 F.3d 806 , 811 (5th Cir. 1998) ). "To obtain the benefit of equitable tolling, [an inmate] must establish that (1) he pursued habeas relief with 'reasonable diligence', and (2) some 'extraordinary circumstances' stood in his way and 'prevented' timely filing.”
    1 later decision quote this exact passage · from the majority
  2. “Whether diligence is reasonable is an equitable, often fact-intensive inquiry in which courts are instructed to avoid mechanical rules and instead to draw upon decisions made in other similar cases for guidance.”
    1 later decision quote this exact passage · from the majority
  3. “The diligence required for equitable tolling purposes is 'reasonable diligence,' "not'maximum feasible diligence.”
    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.