Arce v. Smith’s Empirical Analysis
889 F.2d 1271 · 1989
Citation profile
3 federal appellate ·
How this case has been cited
Cited by 23 later decisions — most recently June 2011
3 federal appellate ·
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 Strickland v. Washington · Wainwright v. Sykes · Murray v. Carrier · Sandstrom v. Montana · Michigan v. Long
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“2. Notwithstanding the provisions of subdivision one, the court must deny a motion to vacate a judgment when: (c) Although sufficient facts appear on the record of the proceedings underlying the judgment to have permitted, upon appeal from such judgment, adequate review of the ground or issue raised upon the motion, no such appellate review or determination occurred owing to the defendant’s unjustifiable failure to ... raise such ground or issue upon an appeal actually perfected by him....”
2 later decisions quote this exact passage · from the majority“say that there did not exist a `fair or substantial basis' in state law for the state court's ruling”
1 later decision quote this exact passage · from the majority“[d]efendant makes no claims here which were not, or could not have been raised on appeal”
1 later decision quote this exact passage · from the majoritye.g. Rollins v. Leonardo
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.