Gilbert v. Parke’s Empirical Analysis
763 F.2d 821 · 1985
Citation profile
40 federal appellate ·
How this case has been cited
Cited by 59 later decisions — most recently December 2016 · most notably United States v. Howard (2000), Terrovona v. Kincheloe (1990)
40 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) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Jackson v. Virginia · Glasser v. United States · Payton v. New York · Wainwright v. Sykes · Doyle v. Ohio
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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“For such an opportunity to have existed, the state must have provided, in the abstract, a mechanism by which to raise the claim and the presentation of the claim in this case must not have been frustrated by a failure of that mechanism.”
2 later decisions quote this exact passage · from the majority“Id. at 494 (footnotes omitted). Here there can be no dispute that appellant had a full and fair opportunity to litigate his Fourth Amendment claim in the state courts.”
2 later decisions quote this exact passage · from the majority“[A] state court may uphold a defendant's conviction both on the merits and on procedural grounds. In such circumstances, Hockenbury [v. Sowders, 620 F.2d 111 (6th Cir.1980), cert. denied, 450 U.S. 933, 101 S.Ct. 1395, 67 L.Ed.2d 367 (1981) ] teaches that the procedural ground is a substantial basis of the state court's decision and that review of the merits on habeas is barred.”
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.