Nutall v. Greer’s Empirical Analysis
764 F.2d 462 · 1985
Citation profile
79 federal appellate · 2 district · 3 state decisions
How this case has been cited
Cited by 136 later decisions — most recently July 2001 · most notably Osborn v. Shillinger (1988), Sanchez v. Miller (1986)
79 federal appellate · 2 district · 3 state decisions
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 · Johnson v. Zerbst · Wainwright v. Sykes · Townsend v. Sain · Fay v. Noia
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 136 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] convicted state prisoner who fails to seek leave to present to the highest state court the constitutional objections that form the basis of his federal habeas petition waives those objections unless he can show cause for his default and prejudice from the alleged constitutional infirmities.”
5 later decisions quote this exact passage · from the majority“[S]ome defendants may fail to appeal to the highest court not from any deliberate strategy but from simple inexcusable neglect. Such defendants bear the responsibility for their own default and do not present a compelling case for overriding the principle that a federal court should not intrude in a state’s criminal process when the state’s highest court has had no opportunity to rule on the constitutional issues presented. Accordingly, we think that the appropriate standard for exceptions to the waiver is the cause and prejudice rule____”
4 later decisions quote this exact passage · from the majority“the prisoner by his own default is no longer permitted under state rules to seek review in the highest court, then ... he [is] deemed to have waived his right to habeas relief on the grounds that he might have presented but did not present to the highest court.”
3 later decisions 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.