McLaughlin v. Gabriel’s Empirical Analysis
726 F.2d 7 · 1984
Citation profile
20 federal appellate · 7 district ·
How this case has been cited
Cited by 37 later decisions — most recently July 2001 · most notably Gunn v. Newsome (1989), Andiarena v. United States (1992)
20 federal appellate · 7 district ·
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 Wainwright v. Sykes · Holland v. United States · Sanders v. United States · Sumner v. Mata · County Court of Ulster Cty. v. Allen
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Abuse of the writ” is an affirmative defense that must be pleaded by the government. Sanders v. United States, 373 U.S. 1, 10 , 83 S.Ct. 1068, 1074 , 10 L.Ed.2d 148 (1963); Price v. Johnston, 334 U.S. 266, 292 , 68 S.Ct. 1049, 1053 , 92 L.Ed. 1356 (1948); Advisory Committee Note to Rule 9(b), reprinted following 28 U.S.C.A. § 2254 . Once a particular abuse has been alleged the prisoner has the burden of answering and of proving that he has not abused the writ. Price v. Johnston, 334 U.S. at 292 , 68 S.Ct. at 1063 . See also Potts v. Zant, 638 F.2d 727, 747 (5th Cir.), cert. denied, 454 U.S. 877 , 102 S.Ct. 357 , 70 L.Ed.2d 187 (1981); Mays v. Balkcom, 631 F.2d 48, 51 (5th Cir.1980).”
1 later decision quote this exact passage · from the majoritye.g. Rogers v. Carver“provision of Mass. Gen. Laws ch. 278 § 33E requires defendants convicted of first degree murder to obtain leave from a single justice of the Supreme Judicial Court. The single justice screens out post-conviction motions which do not present”
1 later decision quote this exact passage · from the majoritye.g. Johnson v. Grigas“If the single justice determines that the question ought to be reviewed by the full court, the court's review is limited to a decision of whether a 'substantial likelihood of a miscarriage of justice has occurred.'”
1 later decision quote this exact passage · from the majoritye.g. Johnson v. Grigas
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.