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← 794 F.2d 245 - Kirby v. Dutton

Kirby v. Dutton’s Empirical Analysis

794 F.2d 245 · 1986

Citation profile

75
cited by 75 later decisions
April 2017
most recently cited

44 federal appellate · 1 district ·

How this case has been cited

Cited by 75 later decisions — most recently April 2017 · most notably Samarzia v. Clark County (1989), Greer v. Mitchell (2001)

44 federal appellate · 1 district ·

2701986199020002010decided

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) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Preiser v. Rodriguez · Sea-Land Service, Inc. v. Federal Maritime Commission · Rivera v. United States · Pacemaker Diagnostic Clinic of America, Inc. v. Instromedix, Inc. · Nathaniel Williams v. State of Missouri

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

  1. “the scope of the writ [does not] reach this second tier of complaints about deficiencies in state post-conviction proceedings,” noting that “the writ is not the proper means”
    3 later decisions quote this exact passage · from the majority
  2. “[T]he writ [of habeas corpus] is not the proper means by which prisoners should challenge errors or deficiencies in state post-conviction proceedings such as [petitioner] claims here because the claims address collateral matters and not the underlying state conviction giving rise to the prisoner’s incarceration.”
    2 later decisions quote this exact passage · from the majority
  3. “is in custody in violation of the Constitution or laws or treaties of the United States.”
    2 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.