Bond v. Fulcomer’s Empirical Analysis
864 F.2d 306 · 1989
Citation profile
18 federal appellate · 7 district ·
How this case has been cited
Cited by 52 later decisions — most recently December 2012 · most notably Werts v. Vaughn (2000), Lambert v. Blackwell (1997)
18 federal appellate · 7 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. § 1291 · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Wainwright v. Sykes · Murray v. Carrier · Gagnon v. Scarpelli · Picard v. Connor · County Court of Ulster Cty. v. Allen
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“To facilitate resolution of future claims presented in this procedural posture, we announce today a rule that when a nunc pro tunc allocatur petition is perfunctorily denied without discussion, when its untimeliness is apparent, and when sufficient facts to override the general disal-lowance of extended times for appeal are absent in the petition, the denial of the petition, the denial of allocatur can be presumed to be based on a procedural default caused by its untimeliness.”
2 later decisions quote this exact passage · from the majority“(1) whether the court has used procedural default in similar cases to preclude review of the claim’s merit; (2) whether the history of the case suggests that the state court was aware of the procedural fault; and, (3) whether the state court opinions suggest reliance on a procedural grounds or a determination on the merits.”
2 later decisions quote this exact passage · from the majority“(1) the state procedural rule speaks in unmistakable terms; (2) all state appellate courts refused to review the petitioner’s claims on the merits, and (3) the state courts consistently apply the procedural rules.”
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.