McCleskey v. Zant’s Empirical Analysis
890 F.2d 342 · 1989
Citation profile
11 federal appellate · 3 state decisions
How this case has been cited
Cited by 19 later decisions (1 by the Supreme Court) — most recently August 2001
11 federal appellate · 3 state decisions
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.
Appellate journey
Relationships
Applies 28 U.S.C. § 2244 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Chapman v. State of California · Giglio v. United States · Fay v. Noia · Bonner v. City of Prichard · Napue v. People of the State of Illinois
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A 'successive petition' is one that raises a claim already adjudicated through a prior petition, while a petition that raises grounds for relief not raised in the prior petition is analyzed as an 'abuse of the writ.'”
2 later decisions quote this exact passage · from the majority“show that he did not deliberately abandon the claim and that his failure to raise it [in the first federal habeas proceeding] was not due to inexcusable neglect.”
1 later decision quote this exact passage · from the majoritye.g. McCleskey v. Zant“Whether a second or subsequent petition is to be dismissed on abuse of the writ grounds is left to the sound discretion of the district court.”
1 later decision quote this exact passage · from the concurrence
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.