Ex Parte Torres’s Empirical Analysis
1997
Citation profile
21 federal appellate · 83 state decisions
How this case has been cited
Cited by 133 later decisions (3 by the Supreme Court) — most recently September 2017 · most notably Thompson v. State (1999), Jimenez v. Quarterman (2009)
21 federal appellate · 83 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. § 2244 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on McCleskey v. Zant · Pledger v. Medlock · Balistrieri v. United States · Boykin v. State · Kulalani Ltd. v. Corey
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 133 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“contai[n] the information necessary to substantiate”
7 later decisions quote this exact passage“... Representative Gallego, the House sponsor of the bill, emphasized the intent to limit a convicted person to "one bite at the apple": And we tell individuals that, everything that you can possibly raise the first time, we expect you to raise it initially, one bite of the apple, one shot....[Answering questions]. I think we'll have less filed, because what we're attempting to do here is to say, raise everything at one time. You get one bite of the apple. If you have to stick the kitchen sink in there, put it all in there. And, we will go through those claims, one at a time, and make a decision, but none of this, oneoneevery week you file a new petition which is currently basically what happens. House floor, S.B.440, May 18, 1995, Tape 166, Side A (ellipsis and bracketed material inserted). While the Legislature limited applicants to one bite of the apple, they clearly contemplated that that bite would be a full one. The recognized corollary to requiring an applicant to raise all of his claims at once is that every claim raised in that initial proceeding would be considered and decided. [1]”
3 later decisions quote this exact passagee.g. Ex Parte Smith · Ex Parte Kerr“In our writ jurisprudence, a 'denial' signifies that we addressed and rejected the merits of a particular claim while a 'dismissal' means that we declined to consider the claim for reasons unrelated to the claim’s merits.”); see also Singleton v. Johnson, 178 F.3d 381, 384 (5th Cir.1999) (”
3 later decisions quote this exact passage
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.