Byrd v. Delo’s Empirical Analysis

Citation profile

21 federal appellate · 1 state decisions

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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “was not an examination of the merits of the petition, which surely would have taken more time, but rather the application of a procedural rule.”

   2 later decisions quote this exact passage · from the majority
   e.g. Schneider v. Delo · Nickerson v. Ta Lee

2. “[t]he order of the Supreme Court of Missouri denying his Rule 91 habeas petition is simply silent as to the underlying grounds and reasons. It does not `fairly appear[] to rest primarily on federal law, or to be interwoven with the federal law ...' The Harris presumption that federal law was the basis of a state court's decision is therefore inapplicable.”

   1 later decision quote this exact passage · from the majority
   e.g. Schneider v. Delo

3. “In habeas, if the decision of the last state court to which the petitioner presented his federal claims fairly appeared to rest primarily on resolution of those claims, or to be interwoven with those claims, and did not clearly and expressly rely on an independent and adequate state ground, a federal court may address the petition.”

   1 later decision quote this exact passage · from the majority
   e.g. Charron v. Gammon