Tacho v. Martinez’s Empirical Analysis
862 F.2d 1376 · 1988
Citation profile
88 federal appellate · 9 district ·
How this case has been cited
Cited by 113 later decisions — most recently August 2014 · most notably Prihoda v. McCaughtry (1990), Harmon v. Ryan (1992)
88 federal appellate · 9 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. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Wainwright v. Sykes · Fay v. Noia · Murray v. Carrier · Engle v. Isaac · Smith v. Murray
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 113 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is well settled that when a petitioner at one time could have raised his constitutional claim in state court but did not and is now barred from doing so by a state rule of procedure, he has procedurally defaulted on his claim.”
5 later decisions quote this exact passage · from the majoritye.g. Thomas v. R Vild · Butler v. Gaspar“knowingly, voluntarily and intelligently not raised at trial, on appeal, or in any previous collateral proceeding.”
5 later decisions quote this exact passage · from the majority“a constitutional violation has probably resulted in the conviction of one who is actually innocent.”
3 later decisions quote this exact passage · from the majoritye.g. Glass v. Grijalva · Hays v. Klauser
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.