Lambert v. Warden’s Empirical Analysis

Citation profile

3 federal appellate · 1 state decisions

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

1. “Direct review immediately follows trial, generally is constrained by tight, non-waivable time limits and concludes with finality of judgment. Collateral review focuses on the adequacy of the trial and direct review, rather than the underlying merits of the original action. As such, it necessarily follows direct review .... The structure of the AEDPA statute of limitations meshes with this understanding of the. distinction betweén direct and collateral review .... Of course, alloiuing the statute of limitations to run out while the prisoner is still pursuing state post-conviction remedies combined with AEDPA’s exhaustion requirement would be manifestly unjust. .Therefore, AEDPA tolls the statute of limitations during state post-conviction proceedings. 28 U.S.C. § 2244 (d)(2). Again, the language of the provision agrees with the properties of collateral attacks. As collateral attacks follow direct review, and therefore the start of the limitations period, it makes sense to speak of tolling the period. (Emphasis added.)”

   1 later decision quote this exact passage · from the majority
   e.g. Keenan v. Bagley