Gonzalez v. Sullivan’s Empirical Analysis
934 F.2d 419 · 1991
Citation profile
9 federal appellate · 1 district ·
How this case has been cited
Cited by 86 later decisions — most recently September 2017 · most notably Levine v. Commissioner of Correctional Services (1995), Agard v. Portuondo (1997)
9 federal appellate · 1 district ·
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 Wainwright v. Sykes · Teague v. Lane · Fay v. Noia · Murray v. Carrier · Arizona v. Fulminante
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 86 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“to allow a petitioner to exhaust his remedies merely by alluding to the federal constitution, without providing the state court at least a minimal argument on its application, undercuts this policy [of comity] .... [W]e think it would be better practice for counsel when relying on a broad constitutional doctrine like the Fourteenth Amendment to support the claim with a factual premise and by citation to federal cases. Because we believe nonetheless that petitioner at least arguably complied with the exhaustion requirements set forth in Daye , we proceed to consider the merits _”
2 later decisions quote this exact passage · from the majority“The prosecutor’s summation, which was overwhelmingly vengeful in tone, containing appeals to the community’s sense of outrage at the crime, attacks on appellant’s character and on defense counsel’s role as an advocate, and other improprieties, deprived appellant of a fair trial. (U:S. Const., amend XIV; N.Y. Const., art. I, § 6).”
1 later decision quote this exact passage · from the majority“extraordinary case, where a constitutional violation has probably resulted in the conviction of one who is actually innocent, a federal habeas court may grant the writ even in the absence of a showing of cause for the procedural default.”
1 later decision quote this exact passage · from the majoritye.g. Wedra v. Lefevre
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.