Hand v. Houk’s Empirical Analysis
871 F.3d 390 · 2017
Citation profile
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Jackson v. Virginia · Chapman v. State of California · Williams v. Taylor · Murray v. Carrier
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“First, the court must determine that there is a state procedural rule that is applicable to the petitioner's claim and that petitioner failed to comply with the rule.... Second, the court must decide whether the state courts actually enforced the state procedural sanction.... Third, the court must decide whether the state procedural ground is an adequate and independent state ground on which the state can rely to foreclose review of a federal constitutional claim.... Once the court determines that a state procedural rule was not complied with and that the rule was an adequate and independent state ground, then the petitioner must demonstrate ... that there was cause for him not to follow the procedural rule and that he was actually prejudiced by the alleged constitutional error.”
1 later decision quote this exact passage · from the majoritye.g. Stojetz v. Ishee“Because the challenged instruction was proper, counsel cannot have been ineffective for failing to object to it. iii Stojetz's third, and final, subclaim is a hodgepodge of sub-subclaims. Of the various allegations lodged, however, only one was raised on direct appeal, namely, that trial counsel were ineffective for failing to object to the introduction of victim-impact evidence during the trial's guilt-phase closing argument. His remaining sub-subclaims have therefore been procedurally defaulted. As previously discussed,”
1 later decision quote this exact passage · from the majoritye.g. Stojetz v. Ishee“[b]ecause the exhaustion requirement 'refers only to remedies still available at the time of the federal petition,' [it is satisfied when] a petitioner['s] ... claims are barred by res judicata , and are thus procedurally defaulted[.]”
1 later decision quote this exact passage · from the majoritye.g. Stojetz v. Ishee
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.