Byrd v. Delo’s Empirical Analysis
917 F.2d 1037 · 1990
Citation profile
9 federal appellate ·
How this case has been cited
Cited by 17 later decisions — most recently June 2016
9 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 Brady v. State of Maryland · Batson v. Kentucky · United States v. Agurs · Wainwright v. Sykes · Teague v. Lane
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“For instance, reconsideration is appropriate if the petitioner has shown “change in the law or some other justification for having failed to raise a crucial point or argument in the prior application,” [citation omitted], or if there are “new facts or legal developments warranting relit-igation of the claim.” [Citation omitted.] In addition, at least one panel of this Circuit has held that in order to relitigate repetitive claims, a petitioner must also make “a colorable showing of factual innocence.” [Citations omitted]. A requirement of “factual innocence” supplements rather than supplants the “new factual/legal issues” development. [Citation omitted].”
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.