Kavanagh v. Berge’s Empirical Analysis
73 F.3d 733 · 1996
Citation profile
25 federal appellate ·
How this case has been cited
Cited by 46 later decisions — most recently January 2011 · most notably Eddmonds v. Peters (1996), Bocian v. Godinez (1996)
25 federal appellate ·
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 Strickland v. Washington · Townsend v. Sain · Lockhart v. Fretwell · Keeney v. Tamayo-Reyes · Fussell v. Price
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.
“Where the facts are in dispute, the federal court in habeas corpus must hold an evidentiary hearing if the habeas applicant did not receive a full and fair evidentiary hearing in a state court, either at the time of trial or in a collateral proceeding. In other words a federal evidentiary hearing is required unless the state-court trier of fact has after a full hearing reliably found the relevant facts.”
1 later decision quote this exact passage · from the majoritye.g. Spreitzer v. Peters“that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.”
1 later decision quote this exact passage · from the majoritye.g. White v. Godinez“made after a hearing on the merits and are fairly supported by the record,”
1 later decision quote this exact passage · from the majoritye.g. St. Pierre v. Walls
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.