Keller v. Petsock’s Empirical Analysis
853 F.2d 1122 · 1988
Citation profile
23 federal appellate · 2 district ·
How this case has been cited
Cited by 36 later decisions — most recently July 2021 · most notably Lambert v. Blackwell (1997), Zettlemoyer v. Fulcomer (1991)
23 federal appellate · 2 district ·
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. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Townsend v. Sain · Stanley v. Illinois · Preiser v. Rodriguez · Rose v. Lundy · Picard v. Connor
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Such a remedy would ... contravene the policy underlying the exhaustion requirement. State courts are certainly entitled to have the first opportunity to review federal constitutional challenges to state convictions. There is no requirement, however, that they be given more than one opportunity to adjudicate these claims.”
3 later decisions quote this exact passage · from the majority“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 the trial or in a collateral proceeding.”
1 later decision quote this exact passage · from the majoritye.g. Reese v. Fulcomer“[w]e do not have authority under the federal habeas statutes, 28 U.S.C. § 2241 or § 2254, to remand a habeas corpus petition to a state court for an evidentiary hearing.”
1 later decision quote this exact passage · from the majoritye.g. Hardcastle v. Horn
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.