Johnson v. Lewis’s Empirical Analysis
929 F.2d 460 · 1991
Citation profile
43 federal appellate · 6 district · 2 state decisions
How this case has been cited
Cited by 55 later decisions — most recently May 2013 · most notably Clabourne v. Lewis (1995), Cassett v. Stewart (2005)
43 federal appellate · 6 district · 2 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.
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Murray v. Carrier · Rose v. Lundy · Brogdon v. Louisiana · State v. Carriger · Tacho v. Martinez
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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“knowingly, voluntarily and intelligently not raised at trial, on appeal, or in any previous collateral proceeding.”
4 later decisions quote this exact passage · from the majoritye.g. Nelson v. Ryan · Stein v. Crist“may infer from the petitioner's failure to appeal or to raise an issue on appeal after being advised by the sentencing judge of the necessity that he do so, or his failure to raise any ground then available to him in a previous Rule 32 proceeding in which he was represented by counsel, that he knowingly, voluntarily and intentionally relinquished the right to do so.”
2 later decisions quote this exact passage · from the majority“the undisputed evidence showed (1) that [the petitioner] instructed his court-appointed appellate counsel to raise his federal constitutional claim in his direct appeal, and (2) that his attorney believed that he had raised the issue in the briefs filed on his client's behalf”
1 later decision quote this exact passage · from the majoritye.g. Cassett v. Stewart
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.